Category: Volume 4 and Issue 4 of 2024

ANALYSIS ON INDIA’S EEZ : IT’S ESTABLISHMENT,NEGOTIATION AND DELIMITATION WITH NEIGHBOURING STATES

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

BEST CITATION – NIKTHI, ANALYSIS ON INDIA’S EEZ : IT’S ESTABLISHMENT,NEGOTIATION AND DELIMITATION WITH NEIGHBOURING STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 556-566, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The United Nations Convention on the Law of the sea (UNCLOS) defines an Exclusive Economic Zone as extended 200 nautical miles from the shore, within which The coastal state has the right and responsibility to discover and use living and non-living resources, as well as to safeguard and manage them. India’s fundamental maritime interest is safeguarding its exclusive economic zone. The Exclusive Economic Zone of India is about 2.37 million square kilometers guarded by the Indian Coast Guard ships. The seas and oceans are the principal routes of worldwide trade and communication because they contain various living and nonliving natural resources such as fish, oil, gas, and other minerals. Given the increasing reliance and importance of marine resources on states, specific laws regulating state jurisdiction, sovereignty, rights and privileges, and so on must be devised. Marine delimitation is a notion in territorial sovereignty that can be used to resolve international marine territorial disputes. We are going to investigate about how India has established EEZ ,how to negotiate with the Neighboring nations and their delimitations that will guide them in the right path. We are going to analyze importance of the exclusive economic zone in India which was established in January 1977. From article 55 to article 75 talks about exclusive economic zone their establishment, delimitations, etc…. under UNCLOS.

KEYWORDS: Exclusive economic zone, International law, UNCLOS, Nautical miles

EVIDENTIARY EVOLUTION: RELIABILITY AND AUTHENTICITY OF ELECTRONIC TESTIMONIES UNDER THE BHARTIYA SAKSHYA ADHINIYAM 2023

AUTHOR – NAMITA DADHICH, STUDENT AT AMITY UNIVERSITY, JAIPUR, RAJASTHAN

BEST CITATION – NAMITA DADHICH, EVIDENTIARY EVOLUTION: RELIABILITY AND AUTHENTICITY OF ELECTRONIC TESTIMONIES UNDER THE BHARTIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 541-555, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In today’s digital era, electronic evidence has become a cornerstone in civil and criminal legal proceedings, driven by the widespread use of digital communications and technology. The increasing reliance on electronic records, video and telephonic testimonies, and other forms of digital evidence has introduced both opportunities and challenges for the judiciary. Courts now face the critical task of determining the authenticity, reliability, and fairness of electronic evidence, which is inherently susceptible to manipulation, tampering, and technical discrepancies. The rise of remote testimonies has further emphasized concerns around witness credibility and the impact on cross-examination, raising questions about the adequacy of existing legal frameworks in addressing these issues. The Indian Evidence Act, particularly its provisions on electronic evidence, serves as a foundation for this transformation, but its practical application often reveals gaps in addressing the complexities of modern technological realities.

This research explores the legislative, judicial, and operational challenges in the admissibility and reliability of electronic evidence in India. It examines case law, statutory provisions, and technological advancements such as blockchain and artificial intelligence to understand their impact on evidence law. The study highlights the need for enhanced statutory clarity, judicial training, and standardized protocols for handling digital evidence, while also advocating for interdisciplinary collaboration between legal professionals and technologists. By proposing best practices and emphasizing the importance of fairness, this paper aims to contribute to the development of a robust framework that ensures justice and accountability in an increasingly digital legal landscape.

Keywords: Technology And Law, Digital Governance, Cybersecurity, Privacy Law, Artificial Intelligence, Digital Rights, Interdisciplinary collaboration.

A SYSTEMATIC STUDY ON AI-GENERATED MUSIC AND ITS INFRINGEMENT ON COPYRIGHT

AUTHOR – SAMANVITHA MURALI & NIVEDHA S, STUDENTS AT SASTRA DEEMED UNIVERSITY

BEST CITATION – SAMANVITHA MURALI & NIVEDHA S, “COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A BORDERLESS DIGITAL WORLD”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 530-540, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The music industry has been greatly impacted by the quick development of artificial intelligence (AI), which has made it possible to produce music that closely resembles the voices and styles of well-known performers. This presents significant ethical and legal issues around copyright infringement, originality, and fair use, even if it also creates fascinating opportunities for creative inquiry. Authorship and ownership conflicts arise because the current Indian Copyright Act of 1957 lacks precise definitions and measures to handle the complexity of AI-generated music and the question of liability still looks unclear. Further the mimicry of AI of the original artists puts them through a huge emotional turmoil as well as revenue concerns. This essay examines these issues, emphasizes Indian and international viewpoints, and makes suggestions for legal changes that strike a balance between artistic freedom and innovation.

Keywords: Artificial Intelligence, Copyright, Fair Use and Musical Work

THE DYING DECLARATION: A POWERFUL TOOL OR A FLAWED TESTIMONY?

AUTHOR – ADITI JAIN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY RAJASTHAN

BEST CITATION – ADITI JAIN, THE DYING DECLARATION: A POWERFUL TOOL OR A FLAWED TESTIMONY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 511-522, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The article examines the complex terrain of legal regulations, court decisions, and the trustworthiness of dying statements in legal proceedings. This research examines the basic legal structure supporting dying declarations, which includes rules like Section 32 of the Indian Evidence Act, 1872, and similar laws in different regions. The article evaluates the practical use and importance of dying declarations in courtrooms by studying relevant case laws such as R v. Woodcock and Matru v. State of U.P., showcasing their strengths and weaknesses. In addition, utilizing academic studies by scholars, the paper discusses the moral aspects concerning dying statements, covering topics like pressure, cognitive abilities, and the possibility of influence. This article seeks to thoroughly examine whether dying declarations should be seen as a powerful legal instrument or a faulty form of testimony in the field of law by combining laws, court decisions, and academic perspectives.

Keywords: Indian evidence act, Bhartiya Sakshya Adhiniyam, dying declaration, evidentiary value

“COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A BORDERLESS DIGITAL WORLD”

AUTHOR – ARJIT SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARJIT SINGH, “COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A BORDERLESS DIGITAL WORLD”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 523-529, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The rapid proliferation of digital streaming platforms has fundamentally transformed how content is created, distributed, and consumed globally. Platforms such as Netflix, Amazon Prime Video, Spotify, and Hotstar have disrupted traditional modes of entertainment consumption, making a vast array of films, music, and television shows available on-demand. With their global reach, these platforms have dismantled geographical barriers, offering consumers a personalized entertainment experience.

PRESERVING CREATIVITY: LEGAL INSIGHTS INTO DESIGN PIRACY AND PROTECTION

AUTHOR – NIRMIT JADWANI, CHRIST (DEEMED TO BE UNIVERSITY) PUNE LAVASA CAMPUS

BEST CITATION – NIRMIT JADWANI, PRESERVING CREATIVITY: LEGAL INSIGHTS INTO DESIGN PIRACY AND PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 506-510, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Designs represent the organisation’s product identity; thus, they significantly impact consumers’ perception of products and brands. Finally, the look, form, design, pattern, or decoration of a product for use makes it beautiful, determines consumer choices, and therefore has additional utility. In a competitive world where differentiation through visual identity is crucial, design protection allows businesses and designers to safeguard the money they spend on developing new products and original concepts. Design protection is mainly helpful to industries where concepts change frequently and are easily recognisable by the general public, such as fashion, automobile, electronics, furniture industry, etc. Design registration allows inventors to protect their position in the market and create revenue streams without copycats or fakes producing similar designs. This outlines the legal basis for not allowing any other person or party to reproduce, imitate or copy a design that has been registered with a national or international design registry.

SUPREMACY OF LAW IS AN INTENT AND RULE OF LAW IS THE WEAPON TO ATTAIN IT : A STUDY OF RULE OF LAW IN INDIA

AUTHOR – ADV. BHUMI TANDON, RESEARCH SCHOLAR AT UNIVERSITY INSTITUTE OF LAWS, PANJAB UNIVERSITY REGIONAL CENTRE, LUDHIANA.

BEST CITATION – ADV. BHUMI TANDON, SUPREMACY OF LAW IS AN INTENT AND RULE OF LAW IS THE WEAPON TO ATTAIN IT : A STUDY OF RULE OF LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 495-499, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Establishing rule of law has been an important goal of social development and social evolution in modernity. The rule of law is nearly generally bolstered at the national and universal level. Rule of law is also an integral part of democratic experimentations historically as well as contemporaneously. But what is the meaning of rule, law and rule of law? Do these mean the same thing in different cultures and histories? Is it possible to learn some new insights and modes of engagement vis-a-vis law and society from a cross-cultural meditation on rule of law. The study undertakes such an exploration. The phrase ‘Rule of Law’ treasures Supremacy of Law and it means that all are equal in the eyes of law. The Rule of Law is deep-rooted in history and accepted as a notion by large number of nations. It differs from the concept of Rule of Man. The common objective for the development in all the societies is to live with human dignity and which is possible with the practice of rule of law. Rule of law can be expressed by only by practices and these practices are possible by expressing such intentions in the Supreme law of the land. Acknowledgements of the Fundamental rights and the concept of justice of all kind in the Constitution is strong evidences of the adoption of the concept of Rule of Law. This paper proposes an exhaustive discussion on rule of law as a political perfect and contends that its pertinence to the universal level will depend on that perfect being seen as a implies instead of a conclusion, as serving a work instead of characterizing a status.

GST JOURNEY FOR ONLINE GAMING INDUSTRY: AN ANALYSIS

AUTHOR – QUISER AMAN, RESEARCH SCHOLAR AT DEPARTMENT OF COMMERCE AND BUSINESS MANAGEMENT, RANCHI UNIVERSITY, RANCHI

BEST CITATION – QUISER AMAN, GST JOURNEY FOR ONLINE GAMING INDUSTRY: AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 495-499, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, online gaming has become a major driver of economic growth, bringing in large sums of money and raising tax revenues. The availability of new forms of online gaming and its continuous innovation have led to a complex and dynamic tax environment for online gaming in India. This research article, delves into the transformative journey of the Goods and Services Tax (GST) within this dynamic sector. The article traces the GST framework’s historical context, differentiating between games of skill and chance, and examines pivotal regulatory changes leading to the uniform 28% GST on all online gaming from October 1, 2023. It also highlights the various timelines of significant event that shaped the current GST framework for online gaming industry in India.

AN ANALYTICAL EXAMINATION OF DRUG USE FROM THE PERSPECTIVE OF ITS USERS AMONG GUJARAT

AUTHOR – HONEY GOVINDBHAI THAKKAR, RESEARCH SCHOLAR AT GOKUL GLOBAL UNIVERSITY, SIDDHPUR, DEPARTMENT OF LAW

BEST CITATION – HONEY GOVINDBHAI THAKKAR, AN ANALYTICAL EXAMINATION OF DRUG USE FROM THE PERSPECTIVE OF ITS USERS AMONG GUJARAT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 488-494, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This research paper aims to explore the phenomenon of drug use in Gujarat, India, from the perspective of its users. Using a qualitative research approach, this study seeks to understand the motivations, experiences, and perceptions of drug users in Gujarat. The findings of this study highlight the complexities of drug use in Gujarat, including the role of socioeconomic factors, peer influence, and lack of awareness about the risks associated with drug use. The study also identifies the need for a comprehensive approach to address the issue of drug use in Gujarat, comprising education, counseling, and treatment programs. Gujarat, a state in western India, has been experiencing a significant increase in drug use in recent years. According to a report by the National Crime Records Bureau (NCRB), Gujarat has one of the highest rates of drug-related crimes in the country (NCRB, 2019 to 2022). Despite the growing concern about drug use in Gujarat, there is a lack of research on the perspectives of drug users in the state. This study aims to fill this gap by exploring the experiences, motivations, and perceptions of drug users in Gujarat.

Key Words: NDPS, Drugs, Peer influence, illicit use of drugs, Drugs abuse

EXPLORING THE RULE OF LAW: MEANING, FAILURES, AND VIOLATIONS IN MODERN SOCIETY

AUTHOR – NAVYA ARORA, STUDENT AT BENNETT UNIVERSITY (TIMES OF INDIA GROUP)

BEST CITATION – NAVYA ARORA, EXPLORING THE RULE OF LAW: MEANING, FAILURES, AND VIOLATIONS IN MODERN SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 480-487, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Rule of Law remains as a foundation of current democratic societies, acting as a wall against oppression and guaranteeing that the power of the government is practiced inside the limits of laid out legal standards. This essay embraces an exhaustive exploration of Rule of Law, as a concept, tracing back to its history and elucidating its fundamental principles. While Rule of law is praised for its job in maintaining equality, fairness, and the safeguarding of individual rights, this paper also dives into the hazier side of its narrative.

Through an assessment of real-time instances, the essay inspects occasions where Rule of Law has wavered, uncovering system failures, infringement of rights, and misuse of power. From the disintegration of legal independence to the selective application of regulations, from the prevalence of exemption for the powerful individuals, to the disintegration of civil liberties under the cover of public safety, the essay talks about the intricacies and difficulties inherent in keeping up Rule of Law in continuance. Additionally, this essay highlights the importance of tending to the shortcomings and weaknesses of Rule of Law. It calls for deliberate endeavours to reinforce legal institutions, improve holding accountability, and build protections against abuses of power. This paper also includes within it the way forward, which would be possible by facing the failures and violations of Rule of law head-on. Societies can yearn towards a more just and impartial society, whose primary focus is to maintain the dignity and rights of all individuals.