ISSUE 3 - MARCH 26/2023 - 2024
DOES THE LAW OF SEDITION HINDER FREEDOM OF SPEECH
AUTHOR’S NAME – Avirup Mondal, LL.B, First Year.
INSTITUTION NAME – MIES R.M. Law College Sonarpur, Kolkata, West Bengal.
ABSTRACT :
The disputed sedition legislation in India makes any conduct that is considered to be seditious—that is, one that advocates or incites public disorder or violence against the government—criminal. Due to worries that it might be used to stifle legitimate dissent and criticism of the government, this law has been the focus of discussion and criticism. Although it is a fundamental right protected by the Indian Constitution, the freedom of speech and expression is not unrestricted and is subject to reasonable limitations related to public order, morality, and national security. One such prohibition that the government has used to restrict free expression in the nation is the sedition statute. The sedition legislation is frequently abused to muzzle dissenting voices and restrict freedom of expression, according to critics who
contend that it is an antiquated and archaic measure that has no place in contemporary democracy.
(Volume 1 Issue 3 – 2023 )( Publication Date 04/APRIL/ 2023 )
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THE STRANGEST LAWS IN THE WHOLE WORLD
AUTHOR’S NAME – Avirup Mondal, LL.B, First Year.
INSTITUTION NAME – MIES R.M. Law College Sonarpur, Kolkata, West Bengal.
ABSTRACT :
Many countries of the world have a variety of unique and unusual regulations, some of which seem downright bizarre. These rules, which can prohibit particular haircuts or restrict the ownership of specific animals, frequently reflect the particular historical and cultural circumstances in which they were enacted. In Samoa, it is against the law to forget your wife’s birthday, and Switzerland restricts residents of apartment buildings from flushing the toilet after 10 p.m., just a few instances of weird laws from around the world. While many of these regulations might appear strange or even humorous, local authorities frequently take them seriously and individuals who break them may face harsh repercussions.
(Volume 1 Issue 3 – 2023 )( Publication Date 04/APRIL/ 2023 )
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CYBER LAW IN INDIA AND THEIR EFFECTIVENESS
AUTHOR’S NAME – Avirup Mondal, LL.B, First Year.
INSTITUTION NAME – MIES R.M. Law College Sonarpur, Kolkata, West Bengal.
ABSTRACT :
Indian law and cybercrime are becoming more and more important challenges as the nation transactions to a digital economy. Although the Information Technology Act of 2000 offers a legal framework to control cyber activity in the nation, its efficacy in preventing cybercrime is still up for question. This article gives a general overview of cybercrime and the law in India and assesses how well the legal system works to combat online threats. Beginning with a definition of cybercrime, the article goes on to explain the numerous cyber threats that are commonly found In India. Except for Information Technology Act measures pertaining to cybercrime have been also added to the Indian Penal Code and the Indian Evidence Act. These laws outline the penalties for transgressions such as child pornographic dissemination, cyberstalking, and online fraud. The Indian government has established numerous organizations including the Cyber Crime Investigation Unit and Cyber Swachhta Kendra, to carry out the enforcement of laws related to cyber offenses.
(Volume 1 Issue 3 – 2023 )( Publication Date 04/APRIL/ 2023 )
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Analysis of Disqualification of Rahul Gandhi : Its Legal And Political Aspect.
AUTHOR’S NAME – Ratnesh Sahu, B.A, LLB, Third Year.
INSTITUTION NAME – ICFAI University, Dehradun.
ABSTRACT :
On March 14, 2023, the Election Commission of India (ECI) disqualified Rahul Gandhi, the leader of the Indian National Congress party, from contesting in elections for six years. The decision came after Gandhi was found guilty of violating the Model Code of Conduct during the 2022 Uttar Pradesh Assembly Elections. 1 The disqualification of Rahul Gandhi has sparked a heated debate among legal experts and political commentators regarding the legality and constitutionality of the decision. In this article, we will explore the legal aspects of the disqualification of Rahul Gandhi and analyze whether the ECI’s decision is in accordance with the law. The Model Code of Conduct (MCC) is a fixed rule and law issued through the Election Commission of India that lays down the rules and regulations for political parties and candidates during an election.
(Volume 1 Issue 3 – 2023 )( Publication Date 04/APRIL/ 2023 )
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Women’s Harassment at Workplace (Reform And Loophole)
AUTHOR’S NAME – Ratnesh Sahu, B.A, LLB, Third Year.
INSTITUTION NAME – ICFAI University, Dehradun.
ABSTRACT:
With improved access to education and employment, millions of Indian women are entering the country’s workforce today. Many working women face sexual harassment in the workplace on daily basis. It is crucial therefore that as a country, we strive to eliminate workplace sexual harassment since women have the right to work in a safe and secure environment. The protection of women is necessary for gender equality and the development of the nation as a whole.1 -Maneka Gandhi2 This research paper aims to explore the issue of sexual harassment of women in the workplace, focusing on the current reforms and loopholes in existing policies. Sexual harassment is a prevalent problem that affects many women in the workplace, leading to negative consequences such as reduced job satisfaction, decreased productivity, and even mental health problems.
(Volume 1 Issue 3 – 2023 )( Publication Date 04/APRIL/ 2023 )
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An analysis of the procedure and authority for enforcing a decree through arrest and detention in a civil prison, in light of Article 21 of the Indian Constitution.
AUTHOR’S NAME – Kunishka Sharma, BBA LLB, Third Year.
INSTITUTION NAME – University School of Law and Legal studies, Guru Gobind Singh Indraprastha
University, New Delhi.
ABSTRACT :
The Civil Procedure Code is a procedural legislation determining the civil rights and liabilities of the litigants. A civil court adjudicates the issue in form of an order/ decree. However, the final operation of the decree takes place upon execution. The individual who is the beneficiary of a decree is referred to as the decree-holder and the opposite party is the judgment debtor. If a judgment debtor doesn’t follow the court’s order against him, he or she may be arrested and imprisoned for the purpose of carrying out the decree. This is a remedial provision that seeks to safeguard the decree-holder. This paper explains the nuances of the arrest and detention provisions for the purpose of executing a decree under the Civil Provision Code in relation to the Indian Constitution.
(Volume 1 Issue 3 – 2023 )( Publication Date 12/APRIL/ 2023 )
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THE LEGALITY AND EFFECTIVENESS OF MANDATORY ARBITRATUON
CLAUSES IN EMPLOYMENT CONTRACTS.
AUTHOR’S NAME – Sakshi Agarwal, LLM.
INSTITUTION NAME – University of Mumbai.
ABSTRACT:
The Alternate Dispute Resolution process is getting more popular in today day’s world for a more efficient resolution of disputes that can arise in different walks of life. Alternate Dispute Resolution (ADR) creates a forum for resolving disputes without the interference of the Court in the matter. It is also a fast process as compared to the cases which are registered in the court. Arbitration is one process included in ADR. In arbitration, the parties agree that in case of dispute, either of the parties will approach the court in regards to the dispute but will resolve the dispute by including a neutral person in the dispute and will allow the third person to evaluate the case and decide the result for the dispute. For such arbitration, the parties need to include a such arbitration clause in the agreement signed by all the parties to the agreement or can be mutually agreed by all the parties in case of dispute to carry out the resolution for such dispute with the help of an arbitrator. But will it be a good decision the inclusion of such an arbitrator clause in the employment agreement?
(Volume 1 Issue 3 – 2023 )( Publication Date 12/MAY/ 2023 )
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BUSINESS LAWTERING THAT EVERY STARTUP ENTAILS: AN INDIAN
PERSPECTIVE.
AUTHOR’S NAME – Sakshi Thakur, BALLB (HONS.) Completed.
INSTITUTION NAME – Himachal Pradesh University Institute of Legal Studies Avalodge,
Shimla.
ABSTRACT:
The startup is a common parlance term on everyone’s lips when it comes to doing business. The startup is the ‘nature’ of a business entity that is in almost the initial stages of its operation. Starting a business as a ‘startup’ and continuing business operations demands legal exigencies, which must necessarily be looked upon and sorted up. Here comes the Business lawyering in the frame. What Business Lawyering offers to startups becomes crucial. Guess what, Business Lawyering is itself fraught with challenges. But we endeavour to design a roadmap to overcome these, and make this a ‘Startup’ and ‘Business Law’ tryst: a tryst with harmony!
(Volume 1 Issue 3 – 2023 )( Publication Date 13/MAY/ 2023 )
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THE EFFECTIVENESS OF INTELLECTUAL PROPERTY LAWS IN
PROTECTING DIGITAL CONTENT AND CREATOR’ RIGHT.
AUTHOR’S NAME – Sakshi Agarwal, LL.M.
INSTITUTION NAME – Mumbai University.
ABSTRACT:
In Today’s competitive world, the most widely used source of information for personal use, professional use, informative use, educational purpose, enhancing knowledge purpose, etc for every user relies on social platforms for such content in short, we can say that we all rely on the digital world for all our information. Does anyone though as the content in this digital world are created by some of the amazing content creators who all have put all their heart and soul into the such amazing and informative post on social platforms to keep all of us aware of the update and knowledge that we are searching for and are interested in. They also have rights and their content is also protected under Intellectual Property Laws. But most of the creators are not aware of such rights and their content is being used by other people portraying it to be their piece of creation which is against the Intellectual Property Laws. All content that is available in this digital world is not free and no one has a right to copy such content and use it as their own. Such content can be used by people for their education purpose and for enhancing knowledge purposes.
(Volume 1 Issue 3 – 2023 )( Publication Date 19/MAY/ 2023 )
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Slaughter of Animals in India.
AUTHOR’S NAME – Chaithanya PS, B.A.LL.B (Hons), Fourth Year.
INSTITUTION NAME – University Law College, Bangalore University.
ABSTRACT:
The inhuman practice of killing animals to please deities can be traced back to the Vedas and Upanishads. These practices have been religiously been carried for ages and superstitious beliefs have been utilized by people in a way selfish for the gains. The slaughtering of animals mainly happens for food. Municipal sanitation rules, food safety regulations, and Consumer rights have sought to put up some humane methods of slaughtering that have been adopted in India for the prevention of cruelty towards animals as well as in the view of food safety and security purpose. Keeping in view towards prevention of cruelty to animals and to get slaughterhouses set for regulatory boundaries in the moto of Protection of Environment, Public Health and Sanitation government has to come up with a few of the policies to be implemented on the right.
• The Prevention of Cruelty to Animals Act, 1960 of the Indian legislature had passed to build an animal welfare regulatory framework, this Act is responsible for preventing unnecessary pain or suffering to animals.1
• Animal Welfare Board of India in 1962 by exercising its powers under Section 4 of the Prevention of Cruelty to Animals Act, 1960.
• Foreign Trade (Development and Regulation) Act, 1992.
• Ministry of Environment and Forests in India had introduced the Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, in 2017.
(Volume 1 Issue 3 – 2023 )( Publication Date 30/MAY/ 2023 )
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THE LEGAL AND ETHICAL CONSIDERATIONS SURROUNDING THE USE OF
ARTIFICIAL INTELLIGENCE (AI) IN THE CRIMINAL JUSTICE SYSTEM.
AUTHOR’S NAME – Sakshi Agarwal, LL.M.
INSTITUTION NAME – Mumbai University.
ABSTRACT:
The use of Artificial Intelligence (AI) in various sectors is a trend nowadays. It has opened wide or infinite possibilities for its use and betterment of the given sector in ample possible ways. As stated in the title AI in Criminal Justice System everyone after such title will imagine a robot judging the case and deciding the justice for people. But such is not the case in such cases. It will know as the use of AI by judges for better ways and deciding quickly on the given case. Technology has played a vital role in creating the foundation for the adoption of Ai in the justice system. The digitalisation of Court systems is altogether a different ballgame other than using AI for decision-making in criminal justice. From predictive policing to facial recognition. AI is growing fast in the field of justice. The judges rely on the large scale of the AI to have
some decision or finding which help them to decide on the case. The AI if used in Criminal Justice System will be of great advantage to the Justice giver as well as Justice seekers as the accuracy will be higher as compared to the normal using other methods for justice in the criminal system.
(Volume 1 Issue 3 – 2023 )( Publication Date 04/JUNE/ 2023 )
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Prayer for recognition of Same-Sex Marriage in India.
AUTHOR’S NAME – Seguri Akash, BBA LL.B (Hons.), Second Year.
INSTITUTION NAME – ICFAI Foundation for Higher Education, Hyderabad.
ABSTRACT:
“LGBTQIA+ stands for lesbian, gay, bisexual, transgender, queer, intersex and asexual”. This LGBTQIA+ community is demanding only those rights which are available to homosexual couples or individual males and females in society. The LGBTQIA+ community have deprived of their rights for a long time due to the traditional and persisting opinions coming from the past. Marriage is the ultimate bond that gives recognition in society as well as benefits under the law. Heterosexual marriage gained tremendous importance in society from time immemorial but society is dynamic there will be continuous evolution in society at the same time new dimensions will come into the picture. Now it is the time to recognize homosexual marriage so that even they will derive the benefits under the law.
(Volume 1 Issue 3 – 2023 )( Publication Date 15/JUNE/ 2023 )
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Climate Change and its Effects on Environmental sustainability.
AUTHOR’S NAME – Lokesh Dutt Awasthi, Research Scholar.
CO-AUTHOR NAME – Dr. Vatsla Sharma, Assistant Professor.
AFFILIATION OF AUTHOR AND CO-AUTHOR – B.B.D. University, Lucknow.
ABSTRACT:
Climate change means a change in climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere.1 The Climate Change Performance Index 2023 report was released recently and India secured 8th position in the index which is 2 positions up from the last edition. Climate change is exacerbating both
water scarcity and water-related hazards (such as floods and droughts), as rising temperatures disrupt precipitation patterns and the entire water cycle. Climate change is a significant global issue that poses serious threats to environmental sustainability. It refers to long-term shifts in temperature patterns and weather conditions, primarily caused by human activities such as the burning of fossil fuels, deforestation, and industrial processes. These activities release greenhouse gases into the atmosphere, leading to the greenhouse effect and the subsequent warming of the planet. The main purpose to write this paper is to assess the Climate change and its effects on environmental sustainability. This sustainability constitutes a major problem in many countries and regions around the world that experience industrial pollution, degradation of land as well as natural disasters caused by global warming.
(Volume 1 Issue 3 – 2023 )( Publication Date 22/JUNE/ 2023 )
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LEGAL IMPLICATIONS OF ARTIFICIAL INTELLIGENCE (AI) IN
AUTONOMOUS VEHICLES.
AUTHOR’S NAME – Krishna Raj Sharma, LL.B, Final year.
INSTITUTION NAME – Dr. B.R. Ambedkar Law University, Jaipur.
ABSTRACT:
The integration of artificial intelligence (AI) in autonomous vehicles presents significant legal implications that require careful consideration. This manuscript explores the legal issues surrounding AI in autonomous vehicles, with a focus on the Indian legal system. The current regulatory framework in India lacks specific laws addressing autonomous vehicles. However, existing legislation can be applied to regulate their usage. Liability for accidents is primarily assigned to vehicle owners, but determining responsibility for accidents involving autonomous vehicles can be complex. Ethical considerations regarding AI in autonomous vehicles raise complex questions, particularly in scenarios where accidents are unavoidable. Determining the programming of autonomous vehicles in ethically challenging situations, such as choosing between potential casualties, poses a significant challenge. Data privacy and security are crucial concerns in autonomous vehicles. AI-driven systems generate vast amounts of personal data, raising concerns about its collection, storage, and potential misuse.
(Volume 1 Issue 3 – 2023 )( Publication Date 24/JUNE/ 2023 )
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