LIJDLR

Volume II Issue I

IN PURSUIT OF HARMONY: EXPLORING THE NATURE AND SOURCES OF PUBLIC INTERNATIONAL LAW FROM THEORY TO PRACTICE

Volume II Issue I /

IN PURSUIT OF HARMONY: EXPLORING THE NATURE AND SOURCES OF PUBLIC INTERNATIONAL LAW FROM THEORY TO PRACTICE Mehak Bisht, Student at (ICFAI University Dehradun). Download Manuscript ABSTRACT The article delves into the intricate nature and diverse sources that underpin public international law, elucidating its significance in global governance. Through a systematic analysis, it elucidates the inherent characteristics of public international law, emphasizing its voluntary nature, decentralized enforcement mechanisms, and reliance on state consent. Furthermore, it meticulously examines the primary sources of international law, including treaties, customary international law, general principles of law and judicial decisions, delineating their respective roles and influences in shaping legal norms of international stage today. By exploring historical precedents and contemporary developments, this article provides a comprehensive understanding of the evolving landscape of public international law and its implications for international relations and global order. It delves into the significance of each source in accordance to the existing society, highlighting their role in deriving and evolving the international legal norms. Additionally, it discusses the contemporary challenges to the efficacy and enforcement of public international law in an interconnected world. It also analyses the present scenarios in which public international law seems to have been violated and the various measures taken to curtail such violations. Through a comprehensive analysis, this article aims to provide insights into the foundations and dynamics of public international law, while also illuminating its significance in the present world and envisaging the developments it may bring in the legal norms followed around the world in the subsequent times. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 588-607. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ENTITLEMENT AND ACCOUNTABILITY OF LIVE-IN PARTNERS IN INDIAN PERSPECTIVE: A LEGAL ANALYSIS

Volume II Issue I /

ENTITLEMENT AND ACCOUNTABILITY OF LIVE-IN PARTNERS IN INDIAN PERSPECTIVE: A LEGAL ANALYSIS Sandeep Kumar Sharma, PhD Research Scholar, Department of Law, Galgotias University Greater Noida, Uttar Pradesh. Download Manuscript ABSTRACT Live-in relationships have become increasingly prevalent in contemporary Indian society, challenging traditional notions of marriage and family. While offering individuals autonomy and freedom in their relationships, live-in partnerships also raise questions regarding entitlements and accountability under Indian law. This research article explores the legal landscape surrounding live-in relationships in India, examining the rights and responsibilities of partners involved. It discusses key judicial decisions, legislative provisions, and emerging trends, shedding light on the evolving understanding of live-in relationships within the Indian legal framework. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 574-587. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA

Volume II Issue I /

LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA Gayathri G, Law Student. Download Manuscript ABSTRACT With India’s expanding digital landscape, this paper intends to evaluate how the Right to be Forgotten, a concept that gained considerable recognition through European regulatory frameworks, aligns with India’s legal, cultural, and technological environment. The primary focus is thus limited to the application of this right to the cyber domain. India’s privacy laws are critically analysed to determine whether the essence of this right can be accommodated. The paper also delves deeper into challenges in execution, like the juxtaposition of the contrasting Right to freedom of expression, a fundamental right guaranteed by the Indian Constitution, and the Right to be Forgotten. Recent legal cases involving privacy rights and online information are examined critically alongside international judgements to gauge how Indian courts view the concept. This paper contributes insights into adapting the Right to be Forgotten to India’s unique circumstances, considering implications for individuals, online platforms, and society. It explores the intersection of privacy, digital rights, and free expression. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 560-573. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL ANALYSIS OF BHOPAL: A PRAYER FOR RAIN

Volume II Issue I /

LEGAL ANALYSIS OF BHOPAL: A PRAYER FOR RAIN Saanvi Aggarwal, Student of Christ (Deemed to be University), Bangalore Download Manuscript ABSTRACT “I shudder in fear and tremble on December 2 nights. I saw people collapsing dead on that chilly night,” Mahendrajeet Singh (79), a gas victim and retired chief reservation superintendent of railways, told PTI on Saturday”. “Bhopal: A Prayer for Rain” is a historical drama film that vividly portrays the events leading up to the catastrophic Bhopal gas tragedy of 1984. The film raises critical issues surrounding corporate responsibility, government oversight, environmental hazards, human rights violations, and the legal principles of absolute liability, criminal negligence, corporate negligence, and medical negligence. It examines the devastating impact of the gas leak on the environment, the suffering of the victims, and the subsequent legal and social aftermath. The film underscores the urgent need for justice and accountability while shedding light on the ongoing struggles of the survivors. This historical drama on Bhopal disaster serves as a poignant reminder on the importance of safeguarding human rights and the environment and prompts reflection on emphasizing the imperative of learning from such tragedies to prevent future occurrences and uphold legal and ethical standards in corporate and environmental governance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 538-559. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL REGULATION OF NOISE POLLUTION IN INDIA WITH SPECIAL REFERENCE TO THE JUDGMENT IN NOISE POLLUTION (V), IN RE (2005) 5 SCC 733

Volume II Issue I /

LEGAL REGULATION OF NOISE POLLUTION IN INDIA WITH SPECIAL REFERENCE TO THE JUDGMENT IN NOISE POLLUTION (V), IN RE (2005) 5 SCC 733 Arryan Mohanty, Author is a student of Symbiosis Law School, Nagpur Download Manuscript ABSTRACT With the rapid progression of science and technology at an unprecedented rate, the urban areas in today’s society have grown in size and in terms of the living standards they offer. This has led to a heightened awareness concerning noise pollution, which has become an integral part of our daily existence. Research studies have been conducted to determine the extent of harm caused by noise originating from various natural and artificial sources, particularly traffic. Noise has increasingly been linked to the overall well-being of individuals, encompassing mental, physical, emotional, and psychological aspects, impacting both humans and animals alike. Legally speaking, noise can be interpreted as an infringement on an individual’s rights. This significantly threatens the establishment of conducive living conditions and necessitates urban planning and administrative and judicial intervention. Noise is a byproduct of all human activities. It constitutes an integral part of our daily environment, generally acknowledged or at least endured. However, noise possesses the potential to spark discord between those producing it and those unwilling to hear it. Consequently, Noise pollution has evolved into a significant annoyance in contemporary society. Its proliferation is so rapid that it is now contaminating the societal environment. The accelerated pace of urbanization, industrialization, and technological progress has made noise pollution a pressing issue, posing a substantial threat to the quality of life in numerous nations. Humanity’s ability to generate noise has experienced a remarkable escalation. Noise envelops us in various forms, such as the clamor of traffic, the commotion of crowds, the swift industrial expansion, and the movement of vehicles and aircraft. Furthermore, domestic settings are susceptible to noise intrusion, with loud music and barking dogs emerging as potential sources of disturbance. Indeed, the sounds produced by instruments like dhol, dhapli, bigul, and shankh have been deeply ingrained in the fabric of Indian culture since the inception of ancient societies. In ancient civilizations, the rhythmic beats of drums served as a vital method for ensuring human safety against predatory animals and were also integral to various sacred rituals. However, in contemporary society, the volume and regularity of these sounds have escalated to a point where they pose a significant danger to human well-being.  The paper discusses noise pollution, how different legislations defined it, the judiciary’s stand in pre-2005 and post-2005, i.e., before the landmark judgement made by the Supreme Court, and the after-effects of the judgement. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 503-537. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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A SHIFT IN THE PARADIGM OF NATIONAL SOVEREIGNTY WITH THE ADVENT OF GLOBALIZATION

Volume II Issue I /

A SHIFT IN THE PARADIGM OF NATIONAL SOVEREIGNTY WITH THE ADVENT OF GLOBALIZATION Aneesh Singh, LL.M. (Corporate and Financial Law & Policy) Jindal Global Law School, Sonipat, Haryana Download Manuscript ABSTRACT The concept of sovereignty has been prominent for ages. Yet, the advent of globalization has brought a significant turn of modernization to this concept. As globalization has stepped foot in today’s world, sovereign policy has been affected by international ideas with various challenges and opportunities. The shift from one nation strategies to multi-national policies has brought a diverse change in the concept of sovereignty. This paper analyses the same, as with the increasing interconnection, trade liberalization, immigration access, flow of capital and technological advancement the traditional functioning of sovereignty faces significant challenges. Subsequently, it is noticed that with the challenges posed by globalization the nations find them constrained by international agreements, standards and regulations which limit their ability to pursue autonomous policies. The research paper also dives deep into the dynamic immigration policies as a part of globalization and understand how sovereign states have incorporated non-rigid international policies which have let the migration into free flow to accommodate the international economic standards. Furthermore, we understand how nations have to increasingly “manage” national politics in such a way as to adapt them to the pressures of trans-national border movements. Also, we analyze the impact of international organizations like WTO and its agreements on socio-cultural and economic protocols. In conclusion, this research paper contends that globalization has a multifaceted impact and requires a structural analysis when it comes to dealing with national sovereignty. It is viewed that globalization’s major impact has been altering the scope of state authority, and the same is analyzed in this paper from the economic and social point of view. We also add that such alteration is done with free will and is for the benefit of the sovereign state and the state can refrain from this global involvement if it wishes to do so. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 490-502. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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HUMAN GENOME EDITING VIS-À-VIS RIGHT TO HEALTH

Volume II Issue I /

HUMAN GENOME EDITING VIS-À-VIS RIGHT TO HEALTH Kajal Kamal Kishore Bang, Third year student pursuing BBA LLB Hons. from Jindal Global University. Download Manuscript ABSTRACT The paper explores the feasibility and ethical considerations of using gene editing to improve health outcomes, emphasizing the broader context of the Right to Health. It delves into the complex dynamics between gene editing technology and this fundamental right, highlighting the impact on future generations’ health. The author contends that while gene editing could offer significant health benefits, such as the eradication of genetic diseases, it also poses risks to autonomy, privacy, and data security. These risks are particularly significant when considering the potential violation of personal rights in light of right to health, if the technology is misused. Gene editing holds the potential to revolutionize medicine, but it raises profound moral, legal, and ethical questions that science alone cannot answer. Society bears the responsibility of addressing these issues through robust legal frameworks and comprehensive research to ensure that human rights are not compromised. The paper argues that while the allure of disease-free offspring is compelling, this must be balanced against the need for safeguards to protect health as a fundamental right. In light of these considerations, the author advocates for a careful, regulated approach to gene editing, with laws and ethical guidelines that account for both the benefits and the potential harm. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 479-489. 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 BREACHES DEMYSTIFIED: HOW THE EXCLUSION OF PSEUDONYMIZED DATA WEAKENS INDIA’S DATA PROTECTION LANDSCAPE

Volume II Issue I /

DATA BREACHES DEMYSTIFIED: HOW THE EXCLUSION OF PSEUDONYMIZED DATA WEAKENS INDIA’S DATA PROTECTION LANDSCAPE Nireeksha Naren, BBA LLB (hons.) / 3rd year / 6th semester student. Download Manuscript ABSTRACT This research paper delves into the limitations of Section 3 of the Information Technology Act, 2000 (IT Act) of India concerning the definition of “personal information.” While the section effectively protects identifiable data, it fails to encompass pseudonymized data, creating a vulnerability in the legal framework. This gap potentially exposes individuals to security breaches and unauthorized use of their personal information. The paper explores the concept of personal information, analyzes the shortcomings of Section 3, and examines the implications for data security. It further proposes solutions, including legislative amendments and best practices for data controllers, to address this critical issue. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 463-478. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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COMPARATIVE ANALYSIS OF NATURAL JUSTICE PRINCIPLES IN EU ADMINISTRATIVE LAW AND ISLAMIC JURISPRUDENCE: A DEVELOPMENTAL PERSPECTIVE

Volume II Issue I /

COMPARATIVE ANALYSIS OF NATURAL JUSTICE PRINCIPLES IN EU ADMINISTRATIVE LAW AND ISLAMIC JURISPRUDENCE: A DEVELOPMENTAL PERSPECTIVE Junaid Sattar BUTT, Master of Laws (LL.M), Postgraduate Institute of Law, the University of Lahore, AHC, Member District Bar Association Kotli, AJK Bar Council, Muzaffarabad, Pakistan Occupied Jammu & Kashmir, PAKISTAN. Download Manuscript ABSTRACT The Common Law, Roman law, and religious law are the sources of the essential concepts known as the concepts of Natural Justice (Due Process), which guarantee justice and impartiality in the process of making decisions. The following two Latin principles of natural justice are recognized in many legal systems around the world, including EU Public Administration and Islamic law and are essential for ensuring fairness and impartiality in decision-making:- Nemo judex in causa sua (No one should be a judge in their own cause) Audi alteram partem             (Listen to the other side) Due process of law has two main components: Procedural due process (Fair procedures that must be followed) Substantive due process (Limits Government’s power to interfere with individual rights) In addition to these two core principles, there are a number of other principles that are common to EU Public Administration and Islamic jurisprudence including the right to know the case against you, the right to cross-examine witnesses, and the right to have a decision made within a stipulated time period. The main objective of this study is to understand natural justice and due process principles in EU Public Administration and Islamic laws, identifying best practices for fairness and accountability in public decision-making. Key research problems include the relationship between natural justice and religious law, mediation’s role, the right to fair hearing, and cultural factors’ impact. A comparative study could enhance natural justice and fairness in public decision-making by identifying areas for improvement in both EU member and Islamic States legal systems. It could also raise awareness of natural justice principles in Islamic law, promoting fairness and accountability, leading to more effective public administration systems. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 422-462. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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AN ANALYSIS OF THEORIES OF PUNISHMENT AND ITS RELEVANCE IN THE ADMINISTRATION OF JUSTICE IN INDIA

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AN ANALYSIS OF THEORIES OF PUNISHMENT AND ITS RELEVANCE IN THE ADMINISTRATION OF JUSTICE IN INDIA Kandukuri Lakshmi Priya, Student at Alliance university Download Manuscript ABSTRACT Society enforces rules, and violators face punishment for various reasons. Theories of punishment outline the reasons or objectives for punishment, which can be awarded to offenders for various reasons within society. The paper delves into an in-depth analysis of various theories of punishment and their application within the Indian justice system. It investigates punishment theories such as deterrence, retribution, prevention, and expiation, offering insight on their philosophical foundations and implications for India’s justice system. The paper critically analyses these theories, assessing their compatibility with the Indian legal system and their efficacy in combating criminal behaviour. The paper presents a detailed overview of the evolution of punitive measures in India by dissecting its historical viewpoint, from ancient times to the medieval period. Furthermore, it covers the evolution of India’s existing legal system, with a focus on a reformative approach to criminal justice. The Indian Constitution’s role in defining criminal justice and governance is also underlined, with a focus on protecting individual rights, victims’ rights, and accused persons’ rights. This analysis tries to add to a comprehensive understanding of the complexity surrounding the Indian justice system and the various ideas of punishment that drive it. This paper also looks into the recent developments in the justice system, as the new criminal laws have been introduced and to be affected with an intention to modernise the justice system. The paper utilises the literature available to analyse the effect of the theories of punishment in administration of justice in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 398-421. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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