ISSUE 4 - JUNE 26/2024 - SEPTEMBER 26\2024
A COMPARATIVE STUDY OF CYBER SQUATTING IN INDIA AND USA
AUTHOR’S NAME – Ashutosh Kumar Pandey, LL.M (Corporate Law).
INSTITUTION NAME – Amity Law School, Amity University Lucknow.
RESEARCH METHODOLOGY
Aim and Objective of the Project:
Firstly, to study the concept of domain name system and the influence of trademarks on domain names. Secondly, to explain the criminal intent through Cyber Squatting. Thirdly, to study the role of UDRP in regulating cyber-squatting. Finally, to propose eradicative measures for resolving disputes relating to cyber-squatting.
Research Problem:
In light of the above introductory remarks, the problem that is to be encountered is that there is no legal mechanism to deal with the issue of Cyber Squatting in India as compared to the USA.
( Volume 2 Issue 4 – 2024 )( Publication Date 02/JULY/ 2024 )
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Why Marital Rape should be criminalize
AUTHOR’S NAME – Deepak Tiwari, B.A. LL.B. Second Year.
INSTITUTION NAME – Integral University Lucknow, Uttar Pradesh.
ABSTRACT:
Marital rape is non-consensual sexual intercourse within marriage, Section 375 of the Indian Penal Code,1860 provide an exception for marital rape, this exception contradicts fundamental rights given under the Constitution of India, mainly Articles 14, 15, and 21, which provide equality before the law, prohibit discrimination based on sex, and protect the right to life and personal liberty. This article provides arguments on the constitutionality of the Marital Rape Exception (MRE) with modern principles of equality and justice.1 The MRE contains gender inequality by providing exceptions for married women against sexual violence which is rape for unmarried women. The argument revolves around the violation of Article 14, which discusses equality before the law.
( Volume 2 Issue 4 – 2024 )( Publication Date 06/JULY/ 2024 )
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Decoding Kidnapping and Abduction: An In-depth Analysis of IPC Sections 359 and 362
AUTHOR’S NAME – Vaishnovi Santosh Pawar, BA.LLB(Hon.), Third Year.
INSTITUTION NAME – Christ (Deemed to be University), Pune Lavasa.
ABSTRACT:
Kidnapping and abduction are distinct offenses under the Indian Penal Code (IPC), with each carrying specific legal implications and protections for victims. This Article provides an indepth analysis of IPC Sections 359 and 362,1 defining kidnapping and abduction respectively. Kidnapping involves the unlawful removal of individuals from India or lawful guardianship, focusing on minors and persons of unsound mind. Abduction, on the other hand, encompasses any forcible or deceitful compulsion to move a person from one place to another, irrespective of age or mental capacity
( Volume 2 Issue 4 – 2024 )( Publication Date 20/JULY/ 2024 )
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GENERAL DEFENCES IN TORT LAW ACROSS COMMON LAW JURISDICTIONS
AUTHOR’S NAME – Vaishnovi Santosh Pawar, BA.LLB(Hon.), Third Year.
INSTITUTION NAME – Christ (Deemed to be University), Pune Lavasa.
ABSTRACT:
With the rise of online relations and the increasing blur between public and private spheres, how are general defense concepts being interpreted in cases of breaches, or unauthorized use of personal information? Tort law is a fundamental component of legal systems in common law jurisdictions, furnishing remedies for individuals harmed by the unlawful conduct of others. Within this framework, general defenses play a pivotal role in determining liability and assessing the legality of actions. In tort law, general defenses are arguments used by defendants to avoid liability even when the plaintiff has established the elements of a tort. These defenses can vary across common law jurisdictions, but there are several common defenses that are widely recognized.
( Volume 2 Issue 4 – 2024 )( Publication Date 20/JULY/ 2024 )
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Harmonizing International Labour Definitions and Domestic Legislation: A Comprehensive Approach to Enhance Worker Protections and Business Efficiency
AUTHOR’S NAME – Gargi Mehta, B.A.L.L.B, Fifth Year.
INSTITUTION NAME – Symbiosis Law School, Pune.
ABSTRACT:
This paper explores the harmonization of international labor definitions with domestic legislation to enhance worker protections and business efficiency in India. It examines the historical significance of the Trade Union Act 1926 and the Labour Law Code, which aim to safeguard workers’ rights and streamline labor laws into comprehensive codes. The international perspective, including comparisons with ILO and UN conventions, highlights the need for India to align its definitions with global standards. Judicial and legislative analyses underscore the challenges and reforms necessary to modernize these laws.
( Volume 2 Issue 4 – 2024 )( Publication Date 07/August/ 2024 )
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THE INDIAN MYTHOLOGY AND THE INDIAN LEGISLATIONS: AN ANALYTICAL DISCOURSE
AUTHOR’S NAME – Dr. Amitesh Anand, Associate Professor.
CO- AUTHOR NAME – Dr. Ashutesh Anand, Assistant Professor.
AFFILIATION OF AUTHORS – College of Law IIMT University Meerut U.P. PIN 250001
ABSTRACT:
Today the mythological texts of the world are the manuals having universal values and wisdom, hence reflect as a mirror of society and provide norms to live a virtuous peaceful, and harmonious life and as such will inspire in the future also. In India Indian mythology is an assemblage including the Vedas, the Smritis, the Puranas, the epics, the Arthashastra, and many more are universal scriptures created by Indian sages who today also have a significant and diverse impact on the nation’s socio-cultural composite culture. The mythology in relation to the law states the study of how influence of mythical legends, texts, and characters on legal concepts, moral reasoning, and the Indian legislative system development because today these texts have taken a huge part in the administrative, statutory, and legal system, etc
( Volume 2 Issue 4 – 2024 )( Publication Date 11/August/ 2024 )
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The Past and the Present of Criminal Laws in India
AUTHOR’S NAME – Vijender Singh Chauhan, Associate Professor.
CO-AUTHOR NAME – Shirin Akhter, Associate Professor.
AFFILIATION OF AUTHORS – Zakir Husain Delhi College, University of Delhi.
ABSTRACT:
This article provides a comprehensive analysis of the evolution of criminal laws in India, tracing their development from ancient Hindu legal systems through medieval Islamic jurisprudence and British colonial codifications, to contemporary reforms embodied in the Bharatiya Nyaya Sanhita (BNS). It critically examines the socio-political contexts and inherent flaws of each legal phase, emphasising the transition from religious doctrines to codified laws and the ongoing efforts to align the legal system with the constitutional ideals of justice, equality, and human dignity. By highlighting the strengths and criticisms of the Indian Penal Code (IPC) and exploring the modern challenges within the Indian criminal justice system, the article underscores the necessity for continuous reform. The in-depth analysis of the BNS provides insights into its potential to address new types of crimes, its emphasis on rehabilitation, and the challenges it faces in implementation and enforcement.
( Volume 2 Issue 4 – 2024 )( Publication Date 19/August/ 2024 )
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Reservation In India: Constitutional Provisions and Ongoing Issues
AUTHOR’S NAME – Divya Kumari, BA. LL.B, Fourth Year.
INSTITUTION NAME – JSS Law College, Mysuru, Karnataka.
ABSTRACT:
Ever since its inception, the reservation system in India has had a profound impact on many lives, empowering a new generation of educated and politically active individuals from marginalized communities. the current policy on reservations raises significant issues when it comes to how well it works, how clear it is, and how fair it is. the ongoing debate about reservation calls for a comprehensive, diverse, and sensitive conversation that takes into account the current circumstances in the country. an innovative strategy that combines affirmative action with economic factors could be a step forward in promoting social justice and equality across all levels of society. Reservation in India is a government policy that extends many benefits significant being educational and professional groups of people who have been victims of discrimination and disadvantage for years. in that regard, the reservation policy has formed an extremely important tool for social justice ever since its establishment in India. while the Indian reservation system has been based on constitutional provisions and has striven to realize lofty ideals, it has, nonetheless, also come under valid criticism for promoting reverse discrimination, encouraging caste-based politics, and helping in the creation of a culture of inefficiency.
( Volume 2 Issue 4 – 2024 )( Publication Date 20/September/ 2024 )
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The Moral, Legal, and Social Labyrinth of Surrogacy
AUTHOR’S NAME – Divya Kumari, BA. LL.B, Fourth Year.
INSTITUTION NAME – JSS Law College, Mysuru, Karnataka.
ABSTRACT:
It has nearly turned into a way for those, who can’t or are physically unable to have/bear children of their own, to have a family using a surrogate uterus. It is, nonetheless, a controversial procedure with its “success stories” of same-sex males and singles. That whole who reselling out on the kid and the right to remorse leaves so much more to be desired. This paper states that although counseling for the intended parents and surrogates is a must in order to avoid any problems, parental screening is also a must, as well as the doctor’s responsibility to the future child. And, with the Surrogacy Act of 2021 on the books, it is easy to see that a non-discriminatory and compensatory framework must be established in order to secure the rights of the surrogate mother, but more importantly, the children that are produced as a result of surrogacy.
( Volume 2 Issue 4 – 2024 )( Publication Date 20/September/ 2024 )
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REFUGEE RIGHTS AND THE CHALLENGES IN INTERNATIONAL ASYLUM LAW
AUTHOR’S NAME – Anmol Sharma, B.A, LL.B (Energy Law), Fifth Year.
INSTITUTION NAME – University of Petroleum and Energy Studies Dehradun, Uttarakhand, India.
ABSTRACT:
A difficult issue that has been exacerbated by wars, political distress, financial disturbance, and ecological changes is the world’s displaced person emergency. The different obstructions and overall sets of laws controlling outcast assurance under worldwide regulation are analyzed in this article. The 1951 Show Connecting with the Situation with Exiles, which characterizes outcast status and lays out the rule of non-refoulement among other principal freedoms, is integral to this conversation. In spite of serious areas of strength for these securities, the use of refuge regulations is plagued by various difficulties, for example, lopsided application, exhausted frameworks, argumentative confinement, and extradition rehearses, and the rising impact of environmental change on relocation.
( Volume 2 Issue 4 – 2024 )( Publication Date 21/September/ 2024 )
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