VOLUME 4: ISSUE 1
ROLE OF JUVENILE JUSTICE SYSTEM & JUVENILE DELINQUENCY: KEEPING IN MIND WITH THE CONTEXT OF INDIA
Aakash Kumar Payal
Abstract: Сhildren аre the mоst imроrtаnt determinаnt оf the grоwth оf аny nаtiоn. They аre аlsо the determiners оf the future оf the wоrld аnd the tоrсhbeаrers оf sосiety. The сivilizаtiоn оf men rests uроn the сhildren. It is eаsily рrediсtаble thаt the future оf the соuntry is аt рeril where the сhildren hаve stаrted getting invоlved in hоrrendоus сrime. This рарer аims аt studying whо is а juvenile, whаt juvenile justiсe & juvenile delinquenсy meаns, the reаsоns оr the саuses behind the inсreаsing rаtes оf juvenile delinquenсy, juvenile delinquenсy раrtiсulаrly in Indiа hаs been disсussed in the рарer whiсh is suррlemented with vаriоus stаtistiсаl dаtа соlleсted frоm offiсiаl sоurсes. The рарer аlsо соntаins different Асts аnd legislаtiоn relаted tо Juvenile Justiсe & juvenile delinquenсies in Indiа. Juvenile Justiсe System is mоst dynаmiс аnd illuminаted frаmewоrk embrасed by the wоrld сitizenry with аll rоund develорment оf сhildren. The рrime сenter is tо сhаnge the degenerаtes аnd give соnsiderаtiоn tо the unрrоteсted сhildren. Tо the extent рrасtiсаble, а сhild tо be rehаbilitee аnd reestаblished tо the fаmily .This reseаrсh аssessed the Juvenile Justiсe System in Indiа in the light оf рrоteсted reаsоning аnd Internаtiоnаl раrаmeters. This reseаrсh is аn аttemрt tо knоw thоse reаsоns whiсh аre resроnsible fоr juvenile delinquenсy оffenсes whiсh аre inсreаsing dаy by dаy. Mаny аttemрts hаve been mаde, mаny соmmittees hаve been set uр tо рrоteсt the juveniles frоm оffenсes аgаinst them аnd even these аll hаve mаde а bоttоmless list оf refоrms but there is wide gар in the gоаls set аnd met, оn the оther hаnd there is а lасk оf аррrорriаte legislаtiоn tо соntrоl the оffenсes by juveniles. Thus, this reseаrсh will helр tо find оut the lасunаs оf judiсiаl рrосess, sосiаl, eduсаtiоnаl аnd сulturаl system, eсоnоmiс bасkgrоund оf fаmilies, аgаinst juveniles аnd will аlsо helр tо find оut further refоrms in lаw, sосiety аnd surrоundings аs рer the рresent sсenаriо, thаt аre required аt different stаges inсluding existing lаws аs well аs judiсiаl рrосedure аnd whiсh will suрроrt, imрrоve the eаsier ассess, аnd timely delivery оf justiсe tо juveniles аs there shоuld be аррrорriаte reраrаtiоn, inсluding соmрensаtiоn, аnd, where needed, meаsures tо рrоmоte рhysiсаl аnd рsyсhоlоgiсаl reсоvery, rehаbilitаtiоn аnd reintegrаtiоn, аs required.
DATA PRIVACY AND PROTECTION WITH REGARD TO EU’s GDPR: A CROSS BORDER ANALYSIS ON IMPACT OF GDPR ON NON-EU COUNTRIES ALONGSIDE INDIA’s TAKE ON DATA PRIVACY
U. Bushra Nikhath
Abstract: Deterritorialization of the Internet and global communication technologies have sparked a wave of jurisdictional problems. Without an international authority, nations enforce their own rules on cross-border transactions. An extraterritorial approach has been used to enforcing EU data protection laws, including the Data Protection Directive (DPD) and the General Data Protection Regulation (GDPR). In order for the GDPR to apply, controllers and processors outside of the EU must process the personal data of EU citizens. A comparable regulation to the EU’s General Data Protection Regulation is being considered in India (GDPR). India’s government set up a committee of experts to study the country’s data privacy issues in July of this year. As a result of the committee’s findings, which included a recommendation for comprehensive data protection legislation in 2018, GDPR-style rules in India would have a substantial financial impact. The advantages of implementing a data security framework in developing economies like India should be carefully evaluated against these concepts. Research into the costs and advantages of data protection rules is needed, according to an assessment of the current literature. There are various GDPR provisions in the Personal Data Protection Bill, which is currently being considered. Constraints on the purposes for which businesses can handle data, as well as limits to ensure that only the data necessary to provide a service to the individual, are some examples of these kinds of regulations. The new laws also include requirements for data localization and the installation of a data protection officer in each firm. The law, if passed, will provide India with a privacy and data protection framework that is cross-sectoral in nature. a GDPR-like data privacy regulation might have severe consequences for India, as shown by a thorough study of the literature, and the necessity for similar studies to be done in India prior to the bill’s approval. Since it has the potential to have tremendous implications on key segments of the Indian economy, DPC’s bill needs to be properly and critically reviewed.
JUDICIARY’S INTERVENTION IN RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD
Abstract: The aim of the research is to pursue the debate over judicial intervention in the recognition and enforcement of foreign arbitral awards. The research will establish a rational position on the relative merits and demerits of judicial intervention in the recognition and enforcement of foreign arbitral awards. A cost-benefit analysis will aid in developing a persuasive argument for judicial intervention harmonisation. This approach will insulate the research findings from prejudice and impracticality and should pave the way for the further development of a transnational approach to judicial intervention in arbitral proceedings. International commercial arbitration’s functionality and efficiency have been harmed by judicial intervention by national courts. Domestic courts have been permitted to intervene at various stages of arbitration, including the recognition and enforcement of foreign arbitral awards, under the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on Recognition. National courts’ role, functionality, and obligation are contingent upon the status of arbitration proceedings. The arbitration agreement’s parties may view judicial intervention as an attempt by national courts to subvert the purpose of international commercial arbitration. However, in some instances, the parties may welcome judicial intervention. This research will establish a unified approach to judicial intervention in international arbitration, thereby increasing its efficiency.
A COMPARITIVE ANALYSIS ON THIRD PARTY FUNDING – AN EMERGING FACET IN INTERNATIONAL ARBITRATION
Dhanya Dheekshitha K H & L K Swaraj
Abstract: Law has been under constant transformation and has evolved through passage of time. Several new concepts have developed in various fields of law. The field of Arbitration also has seen various developments and one such concept is Third Party Fundin g or external funding. The concept as such is not completely a new or alien concept; the roots of this concept can be traced vaguely through the torts of Maintenance and Champerty. In this paper the authors will elaborate on the concept of third party funding and its evolution in international arbitration. The authors discuss on the legality of third party funding in different countries and specifically discusses on its applicability in India. The aspects of disclosure of the funder and the effects of non- disclosure have been discussed in detail. Whenever third party funding is involved the concept of security of cost comes into play. The concept of security of cost and its importance in suits involving external funding are discussed. The authors also elaborate on the grounds for granting security of costs and the need for granting security of cost. Finally, the authors conclude on how third party funding and security of costs can be dealt by avoiding exploitation of the partiesin International as well as Indian arbitrations.
ARTIFICIAL INTELLIGENCE AND FUTURE IN LAW
Abstract: The turn of the technological era has brought about a bountiful of advancements and modernizations which has merged technology with the mundane world resulting in the evolution of AI or Artificial intelligence. AI in brief can be defined as development of computerized systems enabling it to perform the tasks performed by a human, specifically requiring such human intelligence. This paper in its first fold sheds light on what artificial intelligence is and the recent developments in AI, specifically the application of AI in the field of law and the advancements it has brought through its applicability. Furthermore, the paper deals with the replacement of human from several aspects of the legal field by artificial intelligence in several countries around the world such as United Kingdom and United States of America. The author details out the entire journey of AI from its inception to its booming growth in the legal field answering several prominent questions such as the adaptability of AI as a legitimate substitute to human involvement in several aspects of the legal field and whether such substitution is possible and realistic by analyzing the Indian as well as the global perspective of AI being the future of law.
A CRITICAL ANALYSIS OF CORPORATE ENVIRONMENTAL RESPONSIBILITY UNDER THE COMPANIES ACT 2013
Abstract: CSR (Corporate Social Responsibility) is a critical component of a business’s strategic strategy nowadays. Each company’s strategic business strategies that involve CSR are distinct due to factors such as size and industry; stakeholder demands; past CSR engagement; diversification; research and development; and labour market conditions. Businesses may obtain a competitive edge by proving their social responsibility through CSR efforts that benefit the business. India was identified as a country that has accepted CSR activities, after the government revised its Company Act 2013 in April 2014. The investigation of international literature and periodicals yields new thoughts, ideas, worries, and solutions about the Indian enterprise’s corporate social responsibility to environmental sustainability. Increasing shareholder value for the benefit of a diverse variety of stakeholders is central to corporate objectives in India in the aftermath of economic liberalisation and globalisation. The purpose of this research is to ascertain how well-informed firms are regarding statutory CSR laws and to compare these organisations’ environmental sustainability-related CSR actions before to and following the implementation of the Company’s Act 2013. To assess the long-term environmental impact of these CSR actions. To ascertain the impact of CSR actions on a business’s performance.
ANTI DUMPING AND INDIA
Abstract: Indiа hаs imроsed аnti-dumрing duties (АDDs) оn а tоtаl оf 155 соmmоdities аgаinst Сhinа асrоss mаny seсtоrs tо рrоteсt the dоmestiс industry sinсe 2001. The dumрing оf Сhinese gооds intо Indiаn mаrkets hаs led tо the dоwnfаll аnd сlоsure оf mаny dоmestiс industries. Under suсh сirсumstаnсes, АDDs hаd been neсessitаted fоr рrоteсting the dоmestiс industry. Аs рer the Wоrld Trаde Оrgаnizаtiоn (WTО) rules, imроsitiоn оf АDDs оn imроrts is рermitted, рrоvided thаt the аffeсted соuntry estаblishes thаt the dоmestiс industry hаs suffered mаteriаl injury by suсh imроrts. Аn elаbоrаte disсussiоn exрlаining the investigаtiоn рertаining tо АDD аnd imроsitiоn оf АDD in relаtiоn with WTО rules is рresented in the рresent аrtiсle. During the рeriоd between 2014 аnd 2018, АDD hаs been imроsed оn а tоtаl оf 121 соmmоdities. The study finds thаt АDDs hаve been раrtiаlly effeсtive in reduсing the imроrts оf the соmmоdities.
JOINDER OF NON – SIGNATORIES IN ARBITRATION
Abstract: Expediency is the very cornerstone of arbitration combined with party autonomy. With the increase in complicated multi-part agreements and disputes involving multiple contracts, the attainment of an expediate award became close to impossible. In order to solve this lacuna, the addition of non-signatories to an arbitral proceeding emerged across the globe. Here there was a clash between the attainment of an enforceable award and the party autonomy. To solve this conundrum, several rules and specific provisions for joinder of parties were adopted by nations and institutions which permitted a non-signatory to be a party to the arbitral proceeding. Through this paper, the authors will take you through the various doctrines behind joinder of parties and give a comprehensive analysis of the validity and applicability of joinder in various constituencies and institutions. The authors have also deeply discussed about the joinder of parties in India through a catena of judgments.
A Critical Study on Uniform Civil Code
Abstract: India’s ethnic and religious diversity is extensive. People from many areas of life can be found in India, practising a wide range of practises. Our legal system, which is based on personal norms that take religious beliefs into consideration, reflects this diversity. Article 25 of the Indian constitution declares India to be a secular nation, and the values of secularism are established in that article, which stipulates that everyone is free to practise their faith and that no one is discriminated against on any grounds. The Uniform Civil Code (UCC) advocates for the formation of an uniform legislation for India that applies to all religious groups on issues such as marriage, divorce, inheritance, and adoption. To put it another way, a Uniform Civil Code is a statute that would provide a uniform legal framework for the entire country, one that would apply to all religion communities in their personal affairs. The code is based on Article 44 of the Constitution, which mandates that the government must endeavour to guarantee that all Indian people have access to a standard civil code. The issue has dominated political discussion and debate for a century, and it is a primary priority for the Bharatiya Janata Party (BJP), which has been pushing for legislation in Parliament. The saffron party was the first to commit to implement UCC if elected, and it was included in their Lok Sabha election platform for 2019.The notion of the Uniform Civil Code, as well as its merits and drawbacks, will be the focus of this research paper..
Abstract: The protection of the rights of the people from minority is vital for the development of public order and for a nation with a just order. The human right at the universal and at a regional level contains vivid fundamental rights. These fundamental rights are guaranteed to every citizen through its constitution. The state has an obligation and duty towards the citizens under conventional and customary law to protect the rights of the people. It is the state’s responsibility to defend the human rights of all citizens regardless of what is the race, caste or ethnicity of an individual. If the “fundamental rights which a citizen upholds are safeguarded or protected by the state then the likelihood of violations of rights, especially the “rights” of minority, is much lower. Fundamental rights are the basic rights of persons present in the Part III of the constitution from “Article 12” to the article 35of the Indian Constitution. It ensures the freedom of peace and expression to an individual. The rights given to the individuals in a democracy is freedom of expression, freedom of equality before the law, the freedom of expression ,cultural and religious freedom which grants a person the right to practice any religion ,freedom of a peaceful assembly which implies to gather peacefully without any violence and the right which protects the civil rights of an individual named as the right to constitutional remedies is provided by the court .The word minority implies to that section of the society that is non dominant in population either socially, politically or economically .Though in the constitution of Inda the word “minority” is not defined .The articles namely Article 29 and 30 deal with cultural and educational rights of minorities . In the recent past Minority rights have gained greater significance, the same can be seen be in Indian context as India is a land of diversity with different kinds of religion and culture and thus diversity is considered as the sole of India. And thus, it becomes important to protect the rights of individuals in minority. Certain specific provisions have been laid down for the rights of minority and one of the most important provision is “Article 30 of the Indian Constitution” which states Giving Recognition and protecting the right of the minority under a legal ambit, and it has further two main folds objectives: 1) to protect and prevent the minorities from the discrimination of the state 2) the other objective is to provide a different ground for the people in minority so that they can establish their own separate entity and at the same pace contribute in national progress and development of a nation . Minorities face a lot of discrimination such as problems like communal tensions and riots, not getting the equal opportunity for representation in civil service and majorly in politics and also in secularism. Giving Minorities rights and recognition is the way of protecting them from being discriminated on grounds of ethnicity, cultural and regional grounds. Giving rights to minority is thus a way to curb problems and therefore ensure for minorities equality before the law of country, protecting the fundamental rights of the minorities and protection of minorities against violence on the basis of caste, creed.
ROLE OF JUVENILE JUSTICE SYSTEM IN INDIA
Abstract: The Juvenile Justice System is the most vibrant and illuminating framework welcomed by world citizens with regard to children’s overall development. The primary goal is to reform the degenerates and to protect the vulnerable youngsters. A youngster should be rehabilitated and reintegrated into the family as much as possible. The article evaluated India’s juvenile justice system using protected reasoning and international benchmarks. Various adults today experience a totally Aristotelian pre-adulthood without ever having read any of Aristotle’s works. It teaches students how to understand their own interaction with the teenagers around them. In this way, they see their fundamental commitment to their children as the commitment to provide the kind of long-term environment that those children require to develop into regular adults, with the common and mental structures in place to play out the limits we recognize that normal, standard adults can perform. Juvenile delinquency, also known as child or juvenile delinquency, is an alarmingly growing problem that is raising concern around the world. Children should have been at the forefront of India’s development planning, research, and welfare efforts, but this has not been the case. The situation for children in India has altered dramatically, and their difficulties and related issues are now being addressed and debated at numerous venues. This paper exposes the reader to the notion of juvenile justice, as well as the rationale, philosophy and concepts that underpin it. It also traces the development of juvenile justice law in India over time.
RIGHT TO SPEEDY TRIAL UNDER ARTICLE 21
Abstract: The Constitution of India has conferred upon its citizens certain fundamental rights which safeguard their interests and welfare. Therefore, to ensure that every person seeking justice is able to timely avail any opportunity which can help them to fairly present themselves before a court of law, the Constitution protects the right to speedy trial under Article 21. The right to speedy trial guarantees protection under the legal maxim “Justice delayed is justice denied” means that the legal redress available for a party suffering from some injury is not available on time then its effect is nothing less than having no redress in the first place. This paper aims to put forth the relevance and importance of the right to speedy trial in the current Indian judicial system.
RIGHT TO FREEDOM OF SPEECH AND EXPRESSION IN THE CYBER SPACE
Abstract: This research paper will revolve around the fundamental right to Freedom of Speech and expression that an Indian has in the cyberspace and the reasonable restrictions that are laid upon them. The paper will also aim to address the misuse and other possible complexities of this right. This right is being threatened as the digital scenario in India is rapidly improving. Mediums like various social media platforms like Twitter, Instagram, Facebook are gaining rapid popularity. Other mediums like vlogs and blogs are also becoming very popular. The views and opinions of an individual can be shared and viewed by millions of people around the world, which is why this right becomes important. In addition to that, the restrictions laid down also become important. The United Nations has established that free speech and expression in the cyberspace is a right that everyone is entitled to as it is a basic human right. The Constitution of India has guaranteed that the right to freedom of speech and expression will be given to each citizen of India, although there will be reasonable restrictions to some extent. This study will aim to cover all the aspects of this right in the cyberspace. It will also be analyzing the IT Rules 2021, and will aim to analyze if it violates the freedom of speech and privacy.
A CRITICAL ANALYSIS OF THE EFFICACY AND IMPERATIVES OF THE FOREST RIGHTS ACT OF 2006
Abstract: The tribal forest dwellers of India had been historically denied their formal rights, and access to the forest resources that make up their livelihood, dating back to the colonial era, and well into the 21st century of modern India. The shift of the forests which were carefully utilized in a symbiotic relationship by the tribal forest dwellers, with cognizance of their customs and rules to prevent damage to their resources, to forests being used as a commodity for commercial interests as part of industrialization resulted in the deforestation and degradation of the forests and their homes. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006, is held by scholars to be a landmark piece of legislation in its attempt to redeem the historical injustice and to strengthen the conservation regime. However, the Act does not prove to be a flawless panacea, which may be attributed to the mildly recalcitrant and hesitant use of its potential. Due to the ineffectiveness of the Act, its objectives and imperatives are not met adequately, thus there is a need to examine the Act and its precedents to adjudge the adequacy and effectiveness of the same as per the current needs of the FDSTs.
THE PEGASUS CONTROVERSY: RIGHT TO PRIVACY V. NATIONAL SECURITY
(A TECHNO-LEGAL STUDY)
Abstract: Government, considered as guardians of citizens, owes responsibility to the very people by whom they are elected. When the same government gets accused of spying over its citizens and faces criticism for infringing the basic fundamental rights such as right to privacy, the matter becomes an issue of grave concern. Pegasus, an Israel based spyware infects a computer system through rooting (in androids) or jailbreaking (in iOS). All security controls are henceforth compromised and data privacy gets infringed. NSO created the Pegasus spyware in Israel, which it purportedly sells only to governments. Helping in tracing anti-national and terrorist activities, the spyware faces criticism for malicious use by authoritarian governments. This study therefore, traces the very origin of Pegasus spyware in the 21st century and its evolution till date. A comparison has been made between the US, where the controversy first started in 2016 and India, where it has become a hotly debated topic recently. Using doctrinal mode of research, the researcher has collected data from developed as well developing nations and the extent of usage of this particular spyware. Additionally, apprehensions of the government regarding national security while uneasiness of the masses concerning their security has been explored. Finally, towards the end of the paper, recommendations and suggestions have been made to address this grave issue and find a way out which balances the right to privacy as well as national security concerns.
LGBTQ RIGHTS – A POSSIBLE PREAMBLE
Sai Sahithi Sri. U
Abstract : LGBTQ is a community which is often ostracized in Indian Society. LGBTQ’s rights are discriminated against and this community is treated differently from others. Though courts are trying to eradicate this kind of discrimination by decriminalizing homo sexuality, still LGBTQ community is being discriminated. Even after decriminalizing sec377 and identifying them as third gender why are they still being bullied in the society and are facing discrimination? Is there a fault in legislation or in its enforcement? What are the aspects in which still these people are getting discriminated against? So, in order to find out the answers for these questions the researcher studies the laws which deal with LGBTQ community in India and compares them with other countries which safeguard the interest of LGBTQ. Finally, the researcher comes up with the solution for these problems by exploring laws regarding LGBTQ in other countries and formulates a few suggestions which can be implemented in India.
Will be out soon!