LIJDLR

Volume 1 Issue IV

ANTHOLOGY FOR EDUCATIONAL PURPOSES UNDER COPYRIGHT

Volume 1 Issue IV /

ANTHOLOGY FOR EDUCATIONAL PURPOSES UNDER COPYRIGHT Amisha Prakash, LLM student, Chanakya National Law University Download Manuscript ABSTRACT In the course of the years, rapidly emerging technology have influenced the academic environment in many ways. Access to a variety of information is now simpler than ever.  Although technology development is a benefit, many issues arise. They are never overwhelming. Technological itself most frequently arrives with remedies Owing to technological developments, this accessibility has also created a pandora box of false and incorrect material accessible on many academic and non-academic sites. It is thus essential that correct and well investigated information be disseminated. Academic research is at stake here. Good academic research is also essential in the creation of well-written and comprehensive textbooks which may be utilised for academic purposes. The recent High Court decision in Delhi that acknowledged this concept was welcomed by students, Indian publishers, etc. as historical. This article would thus analyse the exemption to fair usage for educational or scholarly reasons. It also explains the Indian stance on copying, whether it constitutes a copyright violation in light of the current High Court decision in Delhi. Further this article will also analyse the implications of the case Delhi University which dealt with copyright law and fair use in context of authorial rights and academic access. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 538-558. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW

Volume 1 Issue IV /

UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW Mudit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Harshit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Download Manuscript ABSTRACT The entire approach followed for appointing and transferring of judges in the Supreme and High Court has been questioned for its transparency and answerability. It is crucial for a fair trial that the judges must be independent, competent, and impartial. Thus, the adopted process for the appointment of judges shall be free from all types of direct or indirect influences from either the judiciary or government. The Indian Constitution of 1860 empowers the president for the appointment of judges after consulting with the Chief Justice of India. This study is based on doctrinal research to examine the effectiveness of the adopted appointment process i.e., collegium system, and to analyze the merits and demerits of the said process. This study is done in three steps viz. collecting data from different sources such as SCC Online, and Manupatra, analyzing the data, and finally report writing. This study traces the history of the collegium system and the long hassle between the judiciary and executive. It is argued that the collegium system has originated and evolved through various landmark judgments, namely first, second, third, and fourth judge’s cases. Because of the pitfalls in the collegium system the executive, through the ninety-ninth amendment introduced the National Judicial Appointment Commission Act of 2014 to replace it. However, it was declared unconstitutional in the fourth judge’s case. It is argued that the collegium system separates the judiciary from the executive safeguarding its decency and autonomy intact which also prevents further politization and biased judgments, but it may be subjected to nepotism and favoritism and lacks transparency and accountability, proving that there is a strict need to reform it. Furthermore, this paper analyzes the application of RTI, considering the collegium system in India. This study concludes with suggestions that make the collegium system more transparent and accountable. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 525-537. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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COLLECTIVE VIOLENCE IN INDIA: FACTORS LEADING TO ITS ESCALATION

Volume 1 Issue IV /

COLLECTIVE VIOLENCE IN INDIA: FACTORS LEADING TO ITS ESCALATION PRIYA, LLM, CRIMINAL LAW, CHANAKYA NATIONAL LAW UNIVERSITY, MITHAPUR, PATNA(BIHAR). Download Manuscript ABSTRACT This research paper aims to investigate the factors causing escalation or de-escalation of collective violence in India. Collective violence as the coordinated use of force by groups for political, economic or social objectives, it outlines major forms like communal riots, caste conflicts, terrorist attacks and mob violence. Through case studies and theories of violence causation, the proposal analyzes drivers like inequality, identity politics, governance failures and misinformation. This paper explores the multifaceted factors contributing to the escalation of collective violence in India.. With better understanding of enablers of collective violence, the study intends to inform evidence-based policy to strengthen non-violent conflict resolution, uphold rights and facilitate peace-building among communities. Key outcomes include validating known violence hypotheses and providing recommendations tailored to the Indian context for authorities to employ early warning systems and rapid response mechanisms that de-escalate tensions. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 503-524. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EVIDENTIARY VALUE OF FIREARM

Volume 1 Issue IV /

EVIDENTIARY VALUE OF FIREARM Ashutosh Suman, Law Student, Chanakya National Law University, Patna. Download Manuscript ABSTRACT Firearms are integral to criminal investigations globally as ballistic analysis, residue tests and gun registration provide vital evidence. Forensic firearms examination involves studying firearm and bullet characteristics to establish links between individuals, weapons or crime scenes. Firearms serve as evidence in various crime scenes and help identify suspects, establish connections between crimes, and expose illicit networks. To recover fingerprints and restore serial numbers, forensic examination of firearms is conducted. Hidden prints can be revealed through super glue fuming while magnetic particle inspection together with chemical restoration can also bring back destroyed serial numbers. Serial number recovery is very important in tracing the history and ownership of a gun. Bullet examination investigates such class characteristics as surface attributes, diameter and rifling twist in order to aid identification of potential weapons. Individual characteristic are established through comparing known and questioned specimens using a comparison microscope. Firearms registration and ownership records assist law enforcement by holding these owners accountable for their guns and tracking their movements. However, there are challenges to this type of evidence which include use of illegal guns, modifications that erase off serial numbers; controversies with ballistics analysis etc. This therefore implies that addressing these challenges will require constant research into forensic techniques aimed at improving them. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 487-502. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONSTITUTIONALISM TOWARD SAFEGUARDING AGAINST ‘ILLIBERAL DEMOCRACY’ IN UGANDA: A CONSTITUTIONAL PERSPECTIVE

Volume 1 Issue IV /

CONSTITUTIONALISM TOWARD SAFEGUARDING AGAINST ‘ILLIBERAL DEMOCRACY’ IN UGANDA: A CONSTITUTIONAL PERSPECTIVE Hanifa Tyakagire, PhD in Law Candidate, Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia. Shamrahayu A. Aziz, Assoc. Professor Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia. Download Manuscript ABSTRACT This study aims to discuss constitutionalism as a tool for protecting Uganda from ‘illiberal democracy’. The study examines constitutionalism and its principles on the fate of democracy in Uganda. It offers a valuable constitutional perspective on illiberal democracy while giving insightful viewpoints on how constitutionalism can protect and strengthen democratic systems. Through an evaluation of the strengths and weaknesses of Uganda’s constitution, this paper seeks to contribute information regarding whether constitutionalism can be a viable approach to limiting government authority in instances where states engage in illiberal democratic practices. The study employs a qualitative research design to explore constitutionalism in Uganda and especially its prevention of ‘illiberal democracy.’ This approach involves the content analysis of judicial opinions as the legal doctrinal research is combined with the applied law methods. This will give a clear and thorough understanding of primary sources, for example, the 1995 Uganda constitution and secondary sources, including research literature and documentary reviews. The findings reveal that illiberal democracy is not committed to the idea of ‘‘checks and balance’’ and, in particular, it maintains four fundamental principles: 1) the limits of governmental power; 2) adherence to the law; 3) protection of individual rights; and 4) preservation of democratic principles and approaches to interpreting the Constitution and is often a threat to constitutionalism. Consequently, the study recommends that changes should be called for through the way in which the Constitution is restored back to its 1995 status or that of the original version, as that would potentially reduce the presidential powers and strengthen provisions such as those regarding age and term limits. In addition, these reforms are in place to create a system conscious of Enlightenment ideas within society. By creating independent institutions to oversee government actions, constitutionalism can ensure that democratic principles are safeguarded against illiberal democracy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 467-486. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ATROCITIES AGAINST SCHEDULE TRIBES IN INDIA

Volume 1 Issue IV /

ATROCITIES AGAINST SCHEDULE TRIBES IN INDIA Shyam Kumar, LL.M., CHANAKYA NATIONAL LAW UNIVERSITY, PATNA Download Manuscript ABSTRACT This abstract explores the widespread problem of crimes committed against Scheduled Tribes (STs) in India, illuminating the many difficulties that this marginalised group faces. Even with affirmative action and constitutional protections, systematic discrimination, violence, and socioeconomic marginalisation still plague Schedule Tribes. The historical backdrop is initially examined in the study, which traces the origins of prejudice and exploitation against STs in India. It draws attention to the consequences of colonialism and the inability of post-independence measures to properly integrate and improve the lot of tribal populations. Discriminatory practices continue in many ways; they can take the shape of land alienation, displacement brought about by development initiatives, or underrepresentation in governmental and administrative systems. Tribal populations are vulnerable to exploitation because of the lack of access to jobs, healthcare, and educational opportunities, which feeds the cycle of poverty. The disruption of their traditional ways of life exacerbates their socioeconomic conditions. The startlingly high rate of violence against STs, including sexual assault, displacement, and targeted violence, is also examined in detail by the report. The problem is made more complex by the inability of the legal system and law enforcement to adequately handle these concerns. To sum up, the abstract emphasizes how critical it is to implement thorough and focused interventions in order to address the long-standing issues that Scheduled Tribes in India face. It promotes a multifaceted strategy that includes socioeconomic empowerment, policy changes, and a deliberate attempt to alter public perceptions in order to demolish the systems that sustain crimes against this vulnerable group. Actionable suggestions focusing on monitoring, campaigning, and capacity-building programmes highlight the critical role that civil society plays. In order to create an inclusive society where the rights and dignity of Scheduled Tribes are protected, the conclusion highlights the need of tearing down systemic barriers, increasing public understanding, and promoting justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 442-466. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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INFRINGEMENT OF COPYRIGHT IN INDIA: A CRITICAL STUDY OF THE DOCTRINE OF FAIR USE AND IMPERATIVE NEED FOR REFORM

Volume 1 Issue IV /

INFRINGEMENT OF COPYRIGHT IN INDIA: A CRITICAL STUDY OF THE DOCTRINE OF FAIR USE AND IMPERATIVE NEED FOR REFORM Prakash Kumar, LLM Student, (National Law Institute University, Bhopal). Kumari Diksha Chandra,LLM Student, (Chanakya National Law University, Patna). Download Manuscript ABSTRACT The creativity done by human intelligence in producing the incorporeal and intangible property can be called as an intellectual property. Copyright is one amongst the various other Intellectual Property rights where the copyright law provide the owner an exclusive right to reproduce or providing authority to others to reproduce the work in material form to the public so that owner/author can get reward for their work. The aim of every intellectual property is to contribute in the existing sea of knowledge side by side providing reward to the original author or the owner. Apart from the ownership of the copyright the copyright Act provides certain kind of exception where the permission of the owner is not required while using the copyright protected work i.e. fair dealing. However the balance should be maintain between the right of the owner and the fair dealing. Copyright Act, 1957 gives only inclusive exception and not any concrete definition, the judiciary also have limited scope in India in comparison of fair use as in USA. It is need of the hour to incorporate certain reform in the existing provisions so that a balance can be maintained between the rights of the owner and the general public so that it would not work as a barrier in the further research. The paper begins by highlighting the concept of property followed by the meaning and nature of intellectual property and then it moves on to demonstrate how fair use is essential in enriching the general domain of knowledge. Researchers have mainly gone through doctrinal way of research while writing this paper and came to the conclusion that Indian courts have yet to decide various nuances involved in the doctrine of fair use such as role, purpose, meaning, and application. Some of the drawbacks include limited accessibility and confined provisions, which create doubt and confusion about the scope and applicability of exclusions and protection. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 421-441. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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TARGETED IDENTITIES: THE COMPLEXITIES OF RACIAL PROFILING

Volume 1 Issue IV /

TARGETED IDENTITIES: THE COMPLEXITIES OF RACIAL PROFILING Neelanksha Bhatia, Third year law student, BBA.LLB (Hons.), School of Law, Christ (Deemed to be University), Bengaluru, Karnataka Tanvi Jain, Third year law student, BBA.LLB (Hons.), School of Law, Christ (Deemed to be University), Bengaluru, Karnataka Download Manuscript ABSTRACT Racial Profiling refers to the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual race, ethnicity, religion or national origin. The practice of racial profiling has been around for a very long time not just in India but in many countries as well. In today’s time it has been labelled as a very critical topic as every human being can relate to. The process of racial profiling is becoming worse day by day as many innocent lives are facing brutalities and punishments for the crime they didn’t commit. Racial profiling punishes innocent people for the past deeds of others who depict them in looks and personality and necessary trust between law enforcement and the communities they serve is shattered and crucial resources are misdirected. This paper attempts to interpret the rationale behind racial profiling considering that no laws with respect to the same exist in a third world country such as India and neither any statute mentions it as a term nor its penalty. Furthermore, theory of Immanuel Kant of immorality and Jeremy Bentham’s philosophy revolving around utilitarianism has been used to interpret racial profiling using the secondary sources of data. And what all existing legislations are present which are helping to combat the arising process ‘racial Profiling’ have also been analysed. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 410-420. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY

Volume 1 Issue IV /

THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY SHUSHMITHAA K J, STUDENT AT SASTRA DEEMED UNIVERSITY, THANJAVUR. Download Manuscript ABSTRACT The development of Artificial Intelligence (AI) has created a tremendous impact on today’s world. From AI assisted tools to current trend of AI generated inventions, we are witnessing a fast pace in technological development. They provide ultimate benefits in everyday lives which is unavoidable while it also awakens various issues and debates among the people. This paper explores the profound impact of AI on Intellectual Property (IP) and focuses on the issues that arise as a result of this intersection. As AI technologies continue to advance rapidly, questions surrounding the protection, ownership and infringement of IP becomes increasingly complex. This paper thus aims to provide an in-depth examination of these issues, offering insights into the evolving landscape of IP in the age of AI. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 395-409. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY

Volume 1 Issue IV /

THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY SAURABH KUMAR, Student, LLM, Criminal Law At Chanakya National Law University, Mithapur , Patna (Bihar). Download Manuscript ABSTRACT The interplay between the coercive power of the state and the principle of democracy presents a nuanced and complex dynamic, particularly in the context of modern democracies like India. This abstract explores the relevance of coercive power in safeguarding national security while upholding democratic values, focusing on India’s intricate socio-political landscape. In India, a diverse and vibrant democracy, the state’s exercise of coercive power often intersects with the imperatives of national security. This abstract delves into the multifaceted relationship between coercive power and national security, analyzing the theoretical justifications, practical implications, and ethical considerations inherent in the Indian context. It examines historical events and contemporary challenges, shedding light on how the state’s coercive measures have shaped India’s security policies and democratic ethos. The abstract emphasizes the delicate balance required to reconcile the state’s security imperatives with the preservation of individual rights and democratic principles. It explores the challenges faced by India in navigating this balance, including the impact of conflicts, insurgencies, and terrorist threats on civil liberties. Additionally, it highlights the role of oversight mechanisms, judicial review, and legislative checks in ensuring accountability and transparency in the exercise of coercive power. Through case studies and analysis, the abstract underscores India’s ongoing efforts to adapt its legal and policy frameworks to address emerging security threats while safeguarding democratic values. It discusses key milestones in India’s history, such as the Emergency in 1975 and the 2008 Mumbai attacks, to illustrate the complexities of balancing security and liberty. Moreover, it explores contemporary issues such as internet shutdowns and data privacy concerns in the digital age, reflecting India’s evolving approach to coercive power in a dynamic socio-political landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 377-394. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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