LIJDLR

Volume II Issue I

RECENT TREND RELATING TO SEDITION LAW IN INDIA ISSUES AND CHALLENGES

RECENT TREND RELATING TO SEDITION LAW IN INDIA ISSUES AND CHALLENGES Anshuman Singh, LL.M. Student, Amity Law School, Lucknow. Download Manuscript ABSTRACT This paper provides a detailed analysis of contemporary issues surrounding sedition law in India, with a focus on Section 124A of the Indian Penal Code. It traces the historical evolution of sedition law from its colonial origins to its application in democratic India. The study highlights the broad and ambiguous language of Section 124A, which criminalizes acts aimed at stirring disaffection towards the government and examines inconsistent judicial interpretations and potential misuse. Drawing on landmark cases such as Kedar Nath Singh v. State of Bihar (1962 AIR 955) and recent rulings like Vinod Dua v. Union of India (2021), the paper evaluates the judiciary’s role in defining sedition and protecting constitutional rights. It discusses the Supreme Court’s efforts to balance national security concerns with freedom of speech, emphasizing the requirement of direct incitement to violence or public disorder for sedition charges. Comparative analysis with sedition laws in democracies like the United States, United Kingdom, and Australia offers insights into global trends of narrowing or abolishing such laws to uphold democratic freedoms. This comparison underscores the need for India to reconsider the expansive scope of its sedition law and align it with international human rights standards. Proposed reforms include procedural safeguards such as mandatory judicial review before filing sedition charges to prevent arbitrary or politically motivated prosecutions. The paper also recommends enhancing police training and establishing independent oversight mechanisms to ensure fair application of sedition law. Lastly, the paper emphasizes the need for judicial reforms, including clear guidelines from the Supreme Court to standardize the interpretation of sedition law across lower courts. It proposes alternative dispute resolution mechanisms to resolve sedition cases less adversarially and reduce societal impacts on accused individuals. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 914-930. 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 RIGHT TO INTERNET: A FUNDAMENTAL DELUSION

THE RIGHT TO INTERNET: A FUNDAMENTAL DELUSION Ankur Mishra, LL.M. Student, Amity Law School, Lucknow. Download Manuscript ABSTRACT This paper delves into the contentious debate surrounding the categorization of internet access as a fundamental human right. It explores the origins of this discourse, tracing its evolution from a primarily conceptual debate to a practical policy issue with significant legal and social implications. Drawing on a diverse range of academic literature, legal documents, and real-world examples, the paper analyzes the arguments both in favor of and against recognizing internet access as a fundamental right. It examines the potential benefits and challenges associated with such recognition, considering factors such as economic development, social inclusion, and the protection of individual freedoms. Furthermore, the paper investigates the role of governments, international organizations, and technology companies in shaping the discourse and influencing policy outcomes. Through a nuanced examination of the complexities involved, this paper aims to contribute to a more informed and nuanced understanding of the ongoing debate surrounding the right to internet access. The debate over whether internet access should be acknowledged as a fundamental human right has ignited vigorous discussions among scholars, policymakers, and activists globally. This paper delves deeply into this contentious topic, exploring its theoretical underpinnings, practical consequences, and socio-political intricacies. Through an analysis of diverse perspectives, case studies, and legal frameworks, the paper strives to offer a thorough grasp of the complexities and potential benefits involved in establishing internet access as a fundamental right.. This paper offers a critical examination of the concept of internet access as a fundamental human right. It explores the global discourse surrounding this issue, analyzing its theoretical foundations and practical implications. Using an interdisciplinary approach that incorporates legal, ethical, and technological perspectives, the paper questions the assumption that internet access should universally be considered a fundamental right. Through the analysis of case studies and existing legal frameworks, it assesses the complexities and limitations associated with recognizing internet access as a fundamental right, including considerations of feasibility, prioritization, and potential unintended consequences. Ultimately, the paper argues that while internet access is crucial for societal participation today, labeling it as a fundamental right could oversimplify the issue, leading to unrealistic expectations and insufficient policy responses. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 898-913. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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APPLICATION OF JUDICIAL REVIEW IN SOUTH AFRICA

APPLICATION OF JUDICIAL REVIEW IN SOUTH AFRICA Suryakant Maurya, LL.M. Student, Amity Law School, Lucknow. Download Manuscript ABSTRACT This article examines the pivotal role of judicial review in upholding constitutional democracy and protecting fundamental rights in post-apartheid South Africa. It traces the historical evolution of judicial review, from the constraints of the apartheid era to its transformative impact under the Constitution of the Republic of South Africa, 1996. The article explores key constitutional provisions and landmark cases that have shaped the judiciary’s authority to scrutinize legislation and executive actions. It highlights the contemporary significance of judicial review in safeguarding individual rights, promoting social justice, and ensuring governmental accountability. The article also addresses challenges faced by the judiciary, such as access to justice, enforcement of court decisions, and the need to balance activism with restraint. It concludes by emphasizing the enduring relevance of judicial review in South Africa’s ongoing journey towards a more just and equitable society, while acknowledging the dynamic nature of the legal landscape and the importance of continuous dialogue and reflection on the role of the judiciary in shaping the nation’s constitutional democracy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 849-878. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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IMPACT AND CONSEQUENCES OF ABROGATION OF ARTICLE 370 AND 35-A UNDER THE CONSTITUTION OF INDIA : A STUDY

IMPACT AND CONSEQUENCES OF ABROGATION OF ARTICLE 370 AND 35-A UNDER THE CONSTITUTION OF INDIA : A STUDY Vaibhav Tandon, LLM Student at Amity University Lucknow Campus. Download Manuscript ABSTRACT The abrogation of Article 370 and Article 35A of the Indian Constitution in 2019 represented a watershed moment in India’s constitutional history, fundamentally reshaping the governance framework of Jammu & Kashmir (J&K). This paper explores the multifaceted implications of this decision across legal, political, socio-economic, and international dimensions. Legally, the study scrutinizes the constitutional validity of the abrogation process, delving into interpretations of Article 370’s temporary provisions and the procedural aspects of its revocation, drawing insights from ongoing judicial proceedings. Politically, it evaluates domestic reactions and international responses, highlighting debates on national unity, federalism, and human rights. Socio-economically, the paper assesses the impact on J&K’s socio-economic development, including changes in education, healthcare, employment, and infrastructure. Internationally, it discusses diplomatic consequences and implications for regional stability, focusing on relations with Pakistan, China, and global perceptions. Through a comprehensive analysis of legal precedents, government actions, and public discourse, this study enhances understanding of the complexities and implications of constitutional amendments in a diverse and geopolitically sensitive region. It underscores the importance of balanced governance, inclusive development, and respect for constitutional principles in navigating the aftermath of such transformative legal changes. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 828-848. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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TOWARDS EQUALITY: ASSESSING THE LEGAL FRAMEWORK AND CHALLENGES OF SAME-SEX MARRIAGE RECOGNITION IN INDIA

TOWARDS EQUALITY: ASSESSING THE LEGAL FRAMEWORK AND CHALLENGES OF SAME-SEX MARRIAGE RECOGNITION IN INDIA Shivani Singh, LL.M. Student, Amity Law School, Lucknow. Download Manuscript ABSTRACT This paper explores the intricate legal landscape surrounding same-sex marriage in India, delving into constitutional provisions, landmark judicial decisions, and international comparisons. Despite pivotal strides in decriminalizing consensual homosexual acts, India does not formally recognize same-sex marriages. The analysis focuses on constitutional guarantees under Articles 14, 15, and 21, emphasizing principles of equality, non-discrimination, and personal liberty crucial to advocating for marriage equality. Insights drawn from countries like Canada, the Netherlands, and South Africa illustrate the societal benefits of legal recognition, including enhanced social cohesion and strengthened human rights protections. The study critically assesses legislative hurdles and societal attitudes that hinder the advancement of same-sex marriage recognition in India. It underscores the pivotal role of judicial activism in expanding LGBT rights and calls for legislative reforms aimed at aligning marriage laws with constitutional principles. The conclusion puts forth strategic policy recommendations to bridge existing legal gaps and foster inclusivity, advocating for comprehensive anti-discrimination laws and educational initiatives to cultivate broader societal acceptance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 879-897. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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HUMAN RIGHTS PROTECTION IN ARMED CONFLICTS : EMERGING LEGAL FRAME WORKS

HUMAN RIGHTS PROTECTION IN ARMED CONFLICTS : EMERGING LEGAL FRAME WORKS Devika Raj, Student at Symbiosis Law School, Nagpur. Download Manuscript ABSTRACT Humankind is the most necessitated embodiment that is perceived to be of utmost importance in the world however the very premise of Armed Conflicts carves a conflictual niche towards people working for the preservation of the basic tenet of the existence of humans i.e. Human Rights. The very constructive presupposition entails that every single human being is entitled to the protection of their well-being however, the contrary becomes an aspect of normalcy during times of war. Humans themselves brazenly curtail the liberties of others thereby creating a situation of havoc. One country tends to overpower the other country by the very factum of politicization and other components. The presence of International Humanitarian Law instills the presence of regulations that countries engaged in armed conflicts need to necessarily abide by that would ubiquitously be there in force and all the state and non-state actors need to abide by it. The rules are designated to protect civilians and humanitarian and medical workers during armed conflicts in any part of the world. Without them, there would be no international standards at all for this. Many violations of human rights constitute genocide, war crimes, or crimes against humanity. The very presence of International Human Rights Law is variedly the topic of discussion on a global platform. The United Nations strives to strike a balance between the enactment of peace and the preservation of the Human Rights of the people that substantially become a subject of wars and hence the prominence of Legality seeps in and regulations that require the preservation of Human Rights are of paramount importance to be put forth. In this manuscript, We would first talk about Humanitarian Law and International Human Rights. Then, we would emphasize on the functioning of Red Cross and pose the practicality and if it is complying by the image presented, Talk about the history of well-known armed conflicts and know about the history of Israel & Palestine and Ukraine & Russia. We would also talk about the functioning of The International Court of Justice for the preservation of the tenets of the Human Rights and then also question its credibility, Then, We would observe India’s front upon the global violation of Human Rights variedly. At last, We would conclusively sum up the profuse implications of the violation of Human Rights and its effect on the global platform. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 762-775. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ASSESSING THE INEFFICIENCY OF DEBT RECOVERY TRIBUNALS

ASSESSING THE INEFFICIENCY OF DEBT RECOVERY TRIBUNALS Tanya Gupta, Student at Amity University Rajasthan. Shreya Nayak, Student at Amity University Rajasthan. Download Manuscript ABSTRACT Debt recovery is a crucial aspect of financial systems worldwide, ensuring the smooth functioning of economies by mitigating risks associated with unpaid debts. In the Indian context, Debt Recovery Tribunals (DRTs) were established with the aim of expediting the recovery of debts by banks and financial institutions. However, despite their inception, DRTs have faced criticism for their inefficiency in resolving disputes and recovering debts promptly. This paper aims to analyze the factors contributing to the inefficiency of DRTs in India through a comparative analysis with global practices. Additionally, it explores potential reforms to enhance the effectiveness of DRTs and improve debt recovery mechanisms in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 751-761. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DATA PRIVACY IN THE DIGITAL ERA: EVALUATING INDIA’S REGULATORY LANDSCAPE

DATA PRIVACY IN THE DIGITAL ERA: EVALUATING INDIA’S REGULATORY LANDSCAPE Balaji Vignesh, LL.B 3rd year 6th semester Student Download Manuscript ABSTRACT In the current digital age, data privacy has emerged as a critical issue that has prompted governments all over the globe to pass strict laws to protect people’s personal data. India, a nation with a fast-expanding digital economy, has put in place a number of legal measures to address data privacy after realising how important it is. This study offers a thorough examination of India’s data privacy legislation and regulatory environments. It follows the development of the nation’s data protection laws, highlighting significant laws including the 2019 Personal Data Protection Bill. The regulatory environment that now governs data privacy is examined in this study, along with the function of regulatory bodies and enforcement tools. It also looks at how these rules may affect people’s lives, companies, and India’s larger digital economy. The research paper also offers a comparison analysis of international data privacy rules, emphasising areas of agreement and disagreement. It clarifies the practical implications of data privacy regulations on a range of stakeholders with case studies and real-world examples. The report concludes by discussing upcoming trends and difficulties in the regulation of data privacy and highlighting the significance of strong legislation for India’s digital development. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 732-750. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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INTELLECTUAL PROPERTY IN THE DIGITAL AGE

INTELLECTUAL PROPERTY IN THE DIGITAL AGE Akhila Anand, BBA LLB, 10th semester student at School of Legal Studies, CUSAT. K Gopika, BCOM LLB, 10th semester student at School of Legal Studies, CUSAT. Download Manuscript ABSTRACT In the digital age, the concept of Intellectual Property Rights (IPR) is undergoing a profound transformation. The surge in digital content creation and dissemination has given rise to a myriad of challenges and opportunities. This paper delves into the dynamic landscape of IPR, focusing on key issues and innovations. It explores the complexities of copyright protection in the digital realm, the intricacies of patent rights in an era of rapid technological advancements, and the emergence of novel forms of intellectual property. As the digital age reshapes traditional notions of creativity, access, and innovation, it is imperative to strike a delicate balance between safeguarding creators’ rights and fostering an environment that encourages the free flow of knowledge and ideas. This research sheds light on the evolving domain of IPR, offering fresh perspectives on how it intersects with technology and society, thereby paving the way for a sustainable future in the digital era. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 719-731. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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STATUS OF WOMEN IN TODAY’S SOCIETY

STATUS OF WOMEN IN TODAY’S SOCIETY Abhishek Mishra, Student, Amity Law School, Amity University Uttar Pradesh, Lucknow. Dr. Shova Devi, Asst. Professor, Amity Law School, Amity University Uttar Pradesh, Lucknow Download Manuscript ABSTRACT “You can tell the condition of a nation by looking at the status of its women”.[1] In the past, women occupied positions of great status. Later in life, her situation declined. It appears that most women still do not have equal standing. The issues of women and gender justice have persisted throughout all periods of social development history. The social and economic standing of the nation shifts when women’s status improves. Women have a significant role in our society. From the moment of birth till the end of their lives, they perform a multitude of important functions in our society. She may have played every function and completed every task in today’s world promptly and effectively, yet she is still powerless as males continue to be the dominant gender in society. Women’s status is a difficult topic to describe and a complex issue. The position of women varies greatly throughout societies and cultures worldwide. An Indian woman possessed four distinct roles and statuses. She fulfilled these duties as a mother, a housewife, a wife, and a daughter. Wide-ranging changes are already occurring for women, whose position and role in society were once well defined and nearly unchangeable. Approximately 50% of the world’s population is female. Globally, a sizable portion of women are unemployed. Due to women’s unequal opportunities at work, the global economy suffers greatly. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 816-827. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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