LIJDLR

Volume 1 Issue IV

CULTURE OF PEACE AND COLLECTIVE VIOLENCE

CULTURE OF PEACE AND COLLECTIVE VIOLENCE Rajeshwari Ishu, LL.M. Student at Chanakya National Law University, Patna Download Manuscript ABSTRACT This paper highlights the existence of collective violence in our society and provides input upon fostering culture of peace for resolving the conflicts. It is common mentality of people and the society that the shortest and easiest solutions to any issue can be by way of violence. This mental framework of people have given rise to various wars which have been fought throughout the world. In the Indian society itself, there is mentioning of Mahabharata which was fought between Kauravas and Pandhyas who were related by blood. The war could have been avoided had the circumstances been otherwise. History has witnessed World War I, World War II. For the first time during the second world war, nuclear bombs commonly known as atom bombs were used. It destructed and affected humanity in a way which has it trace even after decades of the incident. The present ongoing war between Russia and Ukraine which started in February 2022, in October 2023 conflict started between Israel and Palestine. Thousands of people have lost their life due to the ongoing situations around the world. The victims of such violence are always the common innocent people. People lose their loved one, become homeless, get injured, die due to the war started by rich people of the society.  Violence is never the solution to any problem or issue, rather it makes the situation worse. It brings such harm and loss to mankind and society at large which is irreversible. It negatively impacts the society. This is not an era of war. Peace can solve the most complex situation without bringing any harm to anyone. Culture of peace must be adopted in larger interest of the mankind. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 200-210. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

CULTURE OF PEACE AND COLLECTIVE VIOLENCE Read More »

EXPLORING LEGAL REMEDIES: URGENCY FOR A HOLISTIC FRAMEWORK TO PROTECT AND COMPENSATE VICTIMS OF DOG BITES IN INDIA

EXPLORING LEGAL REMEDIES: URGENCY FOR A HOLISTIC FRAMEWORK TO PROTECT AND COMPENSATE VICTIMS OF DOG BITES IN INDIA Ms. Ravina Gautam, Assistant Professor, CR Law College, Hisar. Download Manuscript ABSTRACT In this paper, the author has analyzed the application of common law strict liability principle in India through case laws. After that, the author has discussed the various remedies available to the victims of dog bites. The author advocates for more victim friendly laws in case of dog bites, specifically in the case of stray dogs. In 2016, the supreme court had appointed a committee headed by Justice Sri Jagan to examine the compensation claims of victims of stray dog attacks in Kerala. The author proposes that a similar compensation scheme needs to be implemented in the whole country. The paper also examines the conflict between the fundamental rights of humans and the rights granted to animals under the Prevention of Cruelty to Animals Act 1960. A few provisions from the Animal Birth Control Rules 2023 recently notified by the Central government have been incorporated in the work. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 190-199. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

EXPLORING LEGAL REMEDIES: URGENCY FOR A HOLISTIC FRAMEWORK TO PROTECT AND COMPENSATE VICTIMS OF DOG BITES IN INDIA Read More »

DEPTH OF DIPLOMACY: DEALING WITH THE DIPLOMATS​

DEPTH OF DIPLOMACY: DEALING WITH THE DIPLOMATS Ms. Jaya paliwal, STUDENT B.A.LLB, S.S. JAIN SUBODH LAW COLLEGE, JAIPUR , RAJASTHAN, INDIA Download Manuscript ABSTRACT Diplomats are those who lend their hand forward towards the other nation, settle in the hosting state and act as a representative of sending nation’s head of state for diplomatic relations they are serving as an intermediary between two nations, but all this is possible because of Vienna Convention of 1961 on Diplomatic Relation’s provided immunities. These immunities are based on various theories that are endorsed in different contexts by multiple individuals. But are they just using those powers to enjoy themselves fearlessly? They can kill anyone but cannot be convicted because of the shield exists in the form of diplomatic immunities, but everything has its own flaws that could lead to its demise as nothing is absolute same is the case with power. However, in the absence of diplomats, who will be in charge of establishing cordial diplomatic ties? Nevertheless, because it deals with diplomats, diplomacy is a big fuss in international law. The study’s conclusion demonstrates that diplomats are a crucial component of any country’s successful diplomatic relations, and these immunities are also vital. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 178-189. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

DEPTH OF DIPLOMACY: DEALING WITH THE DIPLOMATS​ Read More »

EFFECTIVENESS OF LAWS ON DOMESTIC VIOLENCE IN INDIA: A CRITICAL APPRAISAL WITH SPECIAL REFERENCE TO THE POSITION IN BIHAR

EFFECTIVENESS OF LAWS ON DOMESTIC VIOLENCE IN INDIA: A CRITICAL APPRAISAL WITH SPECIAL REFERENCE TO THE POSITION IN BIHAR Pratyush Kumar, LLM, Criminal Law, Student At Chanakya National Law University, Mithapur, Patna(Bihar). Download Manuscript ABSTRACT Domestic violence, a pervasive social issue, necessitates robust legal frameworks to protect victims and ensure justice. India has made significant strides in this regard, notably with the enactment of the Protection of Women from Domestic Violence Act (PWDVA) in 2005. However, the implementation and efficacy of these laws remain subjects of scrutiny. The analysis begins by exploring the legislative landscape at the national level, emphasizing the PWDVA’s comprehensive approach to addressing various forms of domestic abuse. Despite legislative advancements, challenges persist in translating legal provisions into tangible protection for victims. Factors such as socio-cultural norms, inadequate awareness, and institutional barriers contribute to the gap between law and effective implementation. Turning attention to Bihar, the study assesses the state’s specific initiatives and challenges in combatting domestic violence. Bihar, like many other regions in India, grapples with deep-rooted patriarchal structures and socio-economic disparities that impact the enforcement of anti-domestic violence laws. The critical appraisal delves into the adequacy of support mechanisms, including shelters and counseling services, available to victims in Bihar. Furthermore, the research scrutinizes law enforcement agencies’ responsiveness, the functioning of protection officers, and the role of the judiciary in delivering timely justice. The paper sheds light on the challenges within the legal system itself. The judicial process needs streamlining to expedite domestic violence cases and ensure timely justice. Delays in legal proceedings often result in prolonged suffering for victims, weakening their faith in the legal system. Establishing fast-track courts dedicated to handling domestic violence cases would help alleviate this issue, providing a more efficient avenue for justice. Identifying bottlenecks and gaps in the system, the appraisal aims to offer recommendations for strengthening the implementation of domestic violence laws in Bihar. The study emphasizes the importance of enhancing the capacity of law enforcement agencies. Adequate training for police personnel to handle domestic violence cases sensitively and efficiently is essential. The creation of specialized units within police departments, specifically focused on addressing domestic violence, would contribute to a more effective response. This targeted approach acknowledges the unique challenges posed by domestic violence cases and ensures a more empathetic and informed response from law enforcement. By scrutinizing legal frameworks, socio-cultural dynamics, and institutional mechanisms, the analysis contributes to a comprehensive understanding of the challenges and opportunities in the fight against domestic violence. The findings aim to inform policy-makers, legal practitioners, and advocacy groups, fostering a collective effort to enhance the protective measures for victims and fortify the implementation of laws combating domestic violence in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 137-177. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

EFFECTIVENESS OF LAWS ON DOMESTIC VIOLENCE IN INDIA: A CRITICAL APPRAISAL WITH SPECIAL REFERENCE TO THE POSITION IN BIHAR Read More »

MENSTRUAL LEAVES: A NEW APPROACH TOWARDS FEMALE HEALTH ISSUES

MENSTRUAL LEAVES: A NEW APPROACH TOWARDS FEMALE HEALTH ISSUES Dr. Shivli Shrivastava, Assistant Professor, School of Law, ITM University, Gwalior, M.P Download Manuscript ABSTRACT Menstrual cycle is the very unique characteristic of women which is a sign of the capability to give birth to new life. But this also brings various health issues with it. So many women need special care and attention for their health. But for working women it becomes difficult because she has to take leave if she needs to take rest. And if she is running short of leaves then she has to do work even in such poor health conditions. For this a new debate in going nowadays that a woman should be given leaves during her menses. The law, politicians and common man are divided on this issue. Some politicians are against it and some are in favor of this issue. Men are also divided as some think that it is not an important topic to be discussed in public and some are standing strongly in support of allowing such relaxations to females. In India the law on this subject is not uniform. As in many states, the state governments have been giving such leaves as medical leave. But there are many state governments which are silent on this matter. And in the policies of the union government this subject has been raised many times, but no result came. In the laws of various countries of the world menstrual leaves have been a part of the system as society has also accepted such provisions in support of females. Such views should also be accepted in Indian society and equality sometimes needs to be done with the help of positive discrimination. Positive discrimination is required on this subject matter as the nature has made men and women different regarding their reproductive capabilities and for this some things should be decided on the basis of this difference created by mother nature. This study deals with various perspectives regarding menstrual leaves which have been discussed here. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 127-136. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

MENSTRUAL LEAVES: A NEW APPROACH TOWARDS FEMALE HEALTH ISSUES Read More »

GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM

GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM Tanya, Student at Rajiv Gandhi National University of Law, Punjab. Download Manuscript ABSTRACT Rape is the fourth most common crime committed by people in India. It is often considered that rape is committed by male towards the female and therefore it is unlikely to be vice-versa. Not only the people but also the Indian Law is based on the conception that woman is the victim of the rape and man is the perpetuator of crime. The rape scenario in the transgender community is also very disturbing. Sexual assault in the sub-population of the transgender community which includes the youth, individuals with disability, homeless people and those involved in sex trade has been found to be high. Although the concept of gender-neutrality has been recommended by experts and reports, no notable steps have been taken to curb this situation. It is desirable to consider rape with the human rights and negate the role of gender biasness in the identification of the victim and perpetuators of rape. Regardless of gender of an individual, there should be equal protection of law under Article 14 of Indian Constitution. In order to have better understanding and inclusivity in the paper, the author has focused on the secondary data, statistical tests and experiments. The research conducted in this paper finds that even after the amendments in criminal law, the position has remained the same i.e. gender specific. This paper aims to shift the minds of the readers to the neglected nature of the legal system towards the transgender community and the need for gender-neutral laws in the Indian legal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 98-112. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM Read More »

NAVIGATING THE PERSONAL DATA CONTOURS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT 2023

NAVIGATING THE PERSONAL DATA CONTOURS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT 2023 Amri Gupta, Student at ICFAI Law School, IFHE, Hyderabad. Download Manuscript ABSTRACT The Digital Personal Data Protection Act, 2023, is a pivotal legislation in India’s digital governance landscape, aiming to address the growing need for robust data protection laws in the digital era. It defines and regulates personal data, introducing key entities like Data Fiduciary and Significant Data Fiduciary, along with strict obligations and penalties for non-compliance. However, the Act’s impact is not without challenges, particularly in its potential conflicts with the Right to Information Act, 2005. Amendments to the RTI Act’s Section 8(1)(j), expanding non-disclosure of personal data-related information, raise questions about the balance between data protection and the fundamental right to information. The role of the Data Protection Board emerges as crucial, tasked with providing clarity and guidance on the Act’s implementation. This article underscores the importance of striking a balance between data protection and the right to information, calling for nuanced approaches that safeguard privacy while ensuring transparency and accountability. It examines the Act’s provisions and highlights challenges, emphasizing the vital role of the Data Protection Board in providing much-needed clarity. The analysis stresses the need for clear guidelines and robust regulatory oversight to ensure the Act’s effective implementation. While the DPDP Act 2023 is a significant stride in data governance, the importance of well-defined guidelines becomes evident as India adapts to the intricacies of the digital age. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 98-112. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

NAVIGATING THE PERSONAL DATA CONTOURS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT 2023 Read More »

MISMANAGEMENT OF DIGITAL DEAD BODY: EXPLORATION OF LEGAL ISSUES TO ADDRESS ECONOMIC EXPLOITATION AND HUMAN RIGHTS VIOLATION

MISMANAGEMENT OF DIGITAL DEAD BODY: EXPLORATION OF LEGAL ISSUES TO ADDRESS ECONOMIC EXPLOITATION AND HUMAN RIGHTS VIOLATION Mohammad Minhazur Rahman, Lecturer, Department of Law, State University of Bangladesh (SUB). Download Manuscript ABSTRACT Recent controversies concerning the digital remnants of the deceased and the ongoing debate for symbolic immortality that modern technology pose has already stimulated substantial concern for human rights researchers around the world. The political economy of people’s digital remnants and the human rights challenges arisen from this issue has given sociologists, anthropologists and psychologists fascinating chances to research more about changing attitudes towards death and dignified management of people’s digital dead bodies. The author has attempted to focus that people now expand, extend and eventually transform their lives on the internet and other web-based platforms. It has also been pointed out that people’s information is now re-created and linked in different manners after their deaths and they are utilised for commercial purposes. This research has questioned and compared the traditional concept of death with the emerging concept of digital death. Based on the existing research and available literature, the analysis has also been connected with the current legal framework that ensures dignified dead body management in wars and disasters according to the human rights law and international humanitarian law. The administration of digital identity after death, with thousands of ghost-accounts emerging each day, is becoming a significant problem for the global technology industry and a potential opportunity for technology-oriented criminals. This paper has been written with an attempt to objectively conceptualise the dignified management of the digital dead body and the current contradictions. It also focuses on human rights and points out the immediate necessity of introducing new laws on this issue. The significant areas of digital dead body management have also been covered where regulatory tensions might emerge in the light of digitalisation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 69-97. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

MISMANAGEMENT OF DIGITAL DEAD BODY: EXPLORATION OF LEGAL ISSUES TO ADDRESS ECONOMIC EXPLOITATION AND HUMAN RIGHTS VIOLATION Read More »

SUPREME COURT’S FINAL VERDICT ON ARTICLE 370: CURRENT SCENARIO AND HISTORY

SUPREME COURT’S FINAL VERDICT ON ARTICLE 370: CURRENT SCENARIO AND HISTORY Aarya Gurjar, BBA LLB (Hons)/ 2nd year/ 4th Semester Student. Download Manuscript ABSTRACT The abrogation of Article 370 from the then state of Jammu & Kashmir has brought many dissenting opinions from people which have led the matter to the Supreme Court. The Supreme Court in its recent judgement has upheld the validity of the abrogation of Article 370. This move has brought many developmental changes in the territory of Jammu & Kashmir in terms of economy, education etc. Overall, this abrogation can be said to be beneficial for the country in the future run. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 62- 68. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content

SUPREME COURT’S FINAL VERDICT ON ARTICLE 370: CURRENT SCENARIO AND HISTORY Read More »

GENDER BASED VIOLENCE IN CYBERSPACE: A CRITICAL ANALYSIS OF LEGAL FRAMEWORK IN INDIA

GENDER BASED VIOLENCE IN CYBERSPACE: A CRITICAL ANALYSIS OF LEGAL FRAMEWORK IN INDIA Kanakshi Nema, Student at Hidayatullah National Law University Download Manuscript ABSTRACT Gender-based violence (GBV) in cyberspace is a growing global concern and India is no exception to it. This paper explores the Indian legal framework for addressing this issue, based on data from an online survey conducted with cyber users. The paper starts by understanding the concept of GBV in cyberspace and its types including cyber stalking, online harassment and morphing. The important Indian cases related to the issue, stressing the difficulties victims face in getting justice are discussed. Furthermore, the research analyses the measures implemented by the Indian government to tackle GBV in cyberspace. The paper contains findings from an online survey conducted, which highlights how ubiquitous GBV in cyberspace has become. The participants shared their perceptions, awareness and personal experiences, showing their concern on increasing number of instances of GBV in cyberspace. Further, the finding acknowledges that GBV affects individuals of all genders and not just females.  These findings bring out the urgent need for addressing and preventing GBV in India, including more awareness, education, and stronger legislative measures. The paper identifies gaps in the existing legal system and concludes by proposing suggestions for bridging the gaps. It advocates for comprehensive legislation to address GBV, drawing attention to raise awareness and establish support mechanisms for victims, promoting access to justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 37- 61. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content

GENDER BASED VIOLENCE IN CYBERSPACE: A CRITICAL ANALYSIS OF LEGAL FRAMEWORK IN INDIA Read More »