LIJDLR

Volume II Issue I

NEED AND PURPOSE OF INTERPRETATION OF STATUTES

Volume II Issue I /

NEED AND PURPOSE OF INTERPRETATION OF STATUTES Asmita Shrivastava, Student at Narsee Monjee Institute of Management Studies, Indore Download Manuscript ABSTRACT Interpretation of statutes is a technique of giving the enactment’s words their standard, natural meaning in order to discover the actual meaning of it. It is the method of determining the actual meaning of the statute’s words. Since the courts are not allowed to interpret cases arbitrarily, numerous principles have emerged as a result of their ongoing activities. These guidelines are at times referred to as “rules of interpretation”. There are four rules of interpretation of statutes that have been utilized by courts in the process of interpreting the statutes in various landmark judgements. These are the literal rule of interpretation, mischief rule of interpretation, golden rule of interpretation and the rule of harmonious construction. The literal rule is also known as the plain reading rule, which gives the original, natural and precise meaning of the words used in the statute without any inclusion or replacement of words. The mischief rule is also known as the Heydon’s rule, which aims to determine the mischief and defects in the statute and find out a remedy to cure the mischief and defects of the statute. The golden rule is also known as the British rule, which allows flexibility in the process of interpretation by permitting deviations from the exact meaning of the words that result in absurd outcomes. The rule of harmonious construction is also known as the thumb rule of interpretation, which is used for harmonizing the two provisions of a statute in case of a conflict between them in such a way that neither of their interests are nullified and maximum benefit can be derived from them. Interpretation is a widely recognized activity that holds significant value. The interpretation of laws is essential for comprehending obscure language, executing the law in particular circumstances, to settle conflicts, and upholding uniformity. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 381-397. 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 ROLE OF CORPORATE GOVERNANCE IN MANAGING CYBERSECURITY RISKS: A COMPREHENSIVE ANALYSIS

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THE ROLE OF CORPORATE GOVERNANCE IN MANAGING CYBERSECURITY RISKS: A COMPREHENSIVE ANALYSIS Kashish Agarwal, Bcom/LLB/ 3year/ 6 semester student. Mohit Shah, Bcom/LLB/ 3year/ 6 semester student. Download Manuscript ABSTRACT Cybersecurity risks have become increasingly prevalent and impactful in the modern business landscape, posing significant threats to organizations’ operations, finances, and reputation. As a result, effective management of cybersecurity risks has become a critical priority for businesses across industries. This research paper explores the role of corporate governance in addressing and mitigating cybersecurity risks comprehensively. Drawing on a diverse range of scholarly literature, industry reports, and case studies, this paper provides an in-depth analysis of how corporate governance practices influence an organization’s ability to manage cybersecurity risks effectively. The study examines the roles and responsibilities of boards of directors, executive management, and other stakeholders in setting the tone for cybersecurity governance within an organization. It explores the importance of integrating cybersecurity considerations into corporate strategy, risk management processes, and internal controls. Furthermore, the paper discusses the impact of regulatory requirements, industry standards, and best practices on shaping cybersecurity governance frameworks. Through the synthesis of empirical evidence and practical insights, this analysis offers valuable recommendations for enhancing cybersecurity governance practices to strengthen organizational resilience against cyber threats. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 352-380. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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POLICE BRUTALITY IN INDIA: ITS IMPACT ON INDIVIDUALS AND THEIR RIGHTS

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POLICE BRUTALITY IN INDIA: ITS IMPACT ON INDIVIDUALS AND THEIR RIGHTS Hiral Vora, Semester 10 Student at United world School of Law, Karnavati University. Download Manuscript ABSTRACT Police brutality in India is a pressing issue that reflects a systemic failure within the Indian police system. This dissertation delves into the pervasive nature of police misconduct, including illegal detentions, abuse, and torture, highlighting that these practices are not isolated incidents but deeply ingrained within the system. It emphasizes that addressing police brutality requires more than just attributing it to a few “bad apples” but necessitates comprehensive reform of the entire system. Beyond the immediate physical harm caused, police brutality violates fundamental human rights and erodes trust between law enforcement and the public. The dissertation aims to investigate instances of police brutality, analyze accountability mechanisms, and recommend ways to prevent violations and enhance police accountability. Research questions explore the influence of race and ethnicity on experiences of police brutality, the impacts on victims, legal remedies available, societal consequences, effectiveness of training and policies, and international approaches to addressing this issue. The hypothesis posits that police brutality negatively affects individuals, violating their rights and fostering fear and mistrust. Through a quantitative methodology involving literature analysis and media reports, this study seeks to provide insights into the complex dynamics of police brutality in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 306-351. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONSTITUTIONAL IMPERATIVES AND GLOBAL PERSPECTIVES: A COMPREHENSIVE LEGAL ANALYSIS, SOCIO-POLITICAL AND ECONOMIC EXPLORATION OF SAME-SEX MARRIAGE RECOGNITION IN INDIA

Volume II Issue I /

CONSTITUTIONAL IMPERATIVES AND GLOBAL PERSPECTIVES: A COMPREHENSIVE LEGAL ANALYSIS, SOCIO-POLITICAL AND ECONOMIC EXPLORATION OF SAME-SEX MARRIAGE RECOGNITION IN INDIA Disha, Ph.D. Scholar | Senior Research Fellow, Dr. K. R. Narayanan Centre for Dalit and Minorities Studies, Jamia Millia Islamia, New Delhi, India Download Manuscript ABSTRACT This paper presents a comprehensive analysis of the legal arguments and potential impacts surrounding the recognition of same-sex marriage in India. Grounded in constitutional provisions guaranteeing equality, non-discrimination, and the right to personal liberty, the study examines the inconsistency between current laws and constitutional mandates. Through a meticulous exploration of global precedents and international human rights law, it underscores the imperative for India to align its legal framework with evolving societal values and global standards. Drawing upon landmark judicial decisions like Navtej Singh Johar v. Union of India (2018), which decriminalized homosexuality, the paper advocates for a progressive interpretation of the Constitution to ensure marriage equality for all citizens. It highlights the significance of recognizing same-sex marriage not only as a matter of social justice but also as a means to strengthen India’s democratic ideals and soft power on the global stage. Moreover, the paper discusses the potential economic benefits associated with recognizing same-sex marriage, emphasizing its role in unlocking the economic potential of the LGBTQ+ community and fostering a more inclusive workforce. The paper concludes with recommendations for legislative reform, calling for amendments to existing marriage laws or the introduction of new legislation to provide legal clarity and ensure equal rights for same-sex couples. Overall, this paper serves as a timely contribution to the ongoing discourse on LGBTQ+ rights in India, advocating for a more inclusive and egalitarian society guided by principles of equality, liberty, and justice for all. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 288-305. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

CONSTITUTIONAL IMPERATIVES AND GLOBAL PERSPECTIVES: A COMPREHENSIVE LEGAL ANALYSIS, SOCIO-POLITICAL AND ECONOMIC EXPLORATION OF SAME-SEX MARRIAGE RECOGNITION IN INDIA Read More »

ELECTORAL BONDS UNVEILED: A SPECTACULAR SAGA OF SHATTERED EXPECTATIONS

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ELECTORAL BONDS UNVEILED: A SPECTACULAR SAGA OF SHATTERED EXPECTATIONS Madhav Juyal, 1st year BA.LLB Student at Maharaja Agrasen Institute of Management Studies Download Manuscript ABSTRACT In the sinister world of political funding, Electoral bonds emerged as a boon. This article delves into the journey of electoral bonds, tracing their inception, implementation, and impact on the political landscape. It analyses the initial expectations set by the electoral bond scheme against the backdrop of the actual outcomes, shedding light on the discrepancies and controversies surrounding this financial instrument. The article presents a compelling narrative of how electoral bonds have deviated from their intended course, ultimately leading to a landscape of shattered expectations. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 281-287. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ENVIRONMENTAL PROTECTION AND WASTE MANAGEMENT

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ENVIRONMENTAL PROTECTION AND WASTE MANAGEMENT Sapna Rajmani, Student of LL.M at Chankya National Law University, Patna Download Manuscript ABSTRACT This paper focuses upon the issue of environmental problem and waste management. Human beings and other living organisms form part of environment and are directly or indirectly connected to each other.  Environment pollution drastically effect lives on the earth. With the rapid growth of industrialisation, significant rise in environmental pollution simultaneously seen. Although, its existence is as old as human civilization but today it has become major area of concern. Trans boundary pollution is emerging area of concern which occurs due contamination of water or air in one country floated or mix with the water as well air of another country. So, it would not be correct to say that insufficient waste management creates problem only to waste generating country but it also has transboundary effect. It brings serious threat to survival of mankind. This paper further highlights the procedure of waste management and its influence on the environment. The persistent environmental problems resulted in lack of natural resources, extinction of flora and fauna species and raise problems in global ecosystem as well. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 271-280. 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 CONSUMER PERCEPTION ON OTT PLATFORMS IN CHENNAI CITY

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AN ANALYSIS OF CONSUMER PERCEPTION ON OTT PLATFORMS IN CHENNAI CITY VAISHALI G, Student, B.Com LLB (Hons) School of Excellence in law, TNDALU DR.S. THIRUMAL, Assistant Professor, Department of Commerce, School of Excellence in Law, TNDALU Download Manuscript ABSTRACT This research tries to study the rise of OTT platforms during the pandemic. It is a well-established fact that OTTs have seen a boom in their market since their launch whereas these platforms have seen an upward curve even in the pandemic period. It was found that many weren’t aware of OTT platforms like Netflix, Amazon prime, Disney Hotstar etc., but became regular users after the pandemic period. It is true that it is one of the best mode of passing time in the lockdown where serious curfews were imposed, many found it difficult to stop their usage in these platforms as it sort of became an addiction to watch series, movies and animes in these platforms, even after the situation returned back to normal. There are even some physical and psychological impacts of these platforms which are discussed in the research. From the age of 12-65 there are users of these platforms indicating that wider age group of people are using these platforms. The experiences of users are collected via sample’s preferences and further suggestions to increase its development are listed based on the user’s opinion. At the outset, various positive and negative aspects are compared and a conclusion is deduced whether OTT platform is a boon or a bane. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 252-270. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEEPFAKE TECHNOLOGY AND LEGAL ISSUES

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DEEPFAKE TECHNOLOGY AND LEGAL ISSUES Deeksha Kumari, LLM STUDENT (IMS UNISON UNIVERSITY DEHRADUN) Download Manuscript ABSTRACT The advent of social media has united the entire world into one enormous country. We have access to news from all around the world because of the internet. A few years ago, a unique approach that made it simple to edit photos and films emerged, providing incredible technology that entertained people. This method, which was first employed by people to amuse or play practical jokes on others, swiftly evolved into one of the riskiest things available on the internet right now. The deep-learning technology used in deep fakes has turned the internet into a trap. This study paper aims to comprehend the effects that deep fakes have on society, talk about the laws that prohibit these kinds of actions, and raise awareness about the sharing of these kinds of contents. As English clergyman Thomas Fuller said, “Seeing is believing,” yet when it comes to deep fakes, one can no longer trust what they are seeing. Deep fakes are dangerous for both society and individual privacy because of this. They are inexpensive to produce, but when used improperly, they have the power to sway public opinion, control large crowds to incite discontent in the community, and lead to invasions of privacy, to mention a couple of their problems. The existing legal framework in India does not adequately address cyber offenses resulting from the usage of deep fakes. It is challenging to adequately govern the use of artificial intelligence, machine learning, and deep fakes due to the absence of specific regulations relating these technologies in the IT Act, 2000. It could be essential to amend the IT Act, 2000 to include sections that expressly address the use of deepfake and the penalties for their misuse in order to better regulate offenses caused by them. This would entail tougher legal safeguards for people whose likenesses or photos are exploited without their permission, as well as harsher punishments for those who produce or disseminate deep fakes with malevolent intent. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 234-251. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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INCLUSIVE JUSTICE: A CRITICAL ANALYSIS OF GENDER-NEUTRAL RAPE LAWS IN INDIA

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INCLUSIVE JUSTICE: A CRITICAL ANALYSIS OF GENDER-NEUTRAL RAPE LAWS IN INDIA Srishti Murali, BBA LL.B (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore Nrupalaa Kumar, B BA LL.B (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore Download Manuscript ABSTRACT This paper critically analyses the need for implementing a gender-neutral rape provision in India to encompass the diverse experiences of survivors and perpetrators. The primary aim of this research is to underscore the necessity of transitioning towards gender-neutral rape laws in India. The paper seeks to challenge the antiquated belief that gender plays a role in the determination of parties of sexual violence and instead argues for the law to recognize the varied experiences of individuals without considering gender as a critical factor. Further, this study addresses the changing social mindset and dynamics and its role in a gender-neutral provision. This paper seeks to unveil the limitations of gender-specific laws through a comprehensive review of existing legal frameworks, reports, and judgements. The paper reveals a systemic deficiency in current legal provisions, particularly in acknowledging the experiences of male survivors as well as victims of abusive same-sex relationships and dispelling the restrictive narrative that only women can be victims and only men can be the perpetrators. The results of the study argue that gender-neutral rape laws not only fill a crucial legal gap but also play a pivotal role in shaping societal attitudes towards sexual violence. It seeks to conclude that such a provision would align with the principles of justice and equity as envisaged in the Constitution by providing a legal remedy to all victims regardless of gender. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 221-233. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JURISDICTIONAL IMMUNITY

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JURISDICTIONAL IMMUNITY Vinita Kumari, student of LL.M., Chanakya National Law University, Patna Download Manuscript ABSTRACT Jurisdictional immunity, a crucial concept in private international law, determines how much a state or its representatives can be held accountable by foreign tribunals. This concept is crucial in contemporary legal systems due to increased international trade, national interdependence, and cross-border conflicts. Jurisdictional immunity is a legal doctrine that exempts a state or its representatives from foreign court jurisdiction. This concept has been explored in private international law, revealing various aspects that contribute to its definition. Diplomatic immunity is essential for promoting international relations and allowing ambassadors to carry out their diplomatic duties without fear of legal repercussions. Sovereign immunity controls the immunity of governments and their representatives in various roles, including both state and diplomatic immunity. The researcher has found that human rights considerations highlight possible inconsistencies between the pursuit of justice and immunity claims. The issue of access to justice has become a crucial problem, since those seeking redress may encounter severe obstacles due to jurisdictional immunity. In this research paper, the author has identified the complex relationship between commercial transactions and immunity claims in the context of international trade and commerce, which may have implications for international business relations. The complex relationship between commercial transactions and immunity claims in global trade and commerce is crucial for international business relations. Future trends in jurisdictional immunity will be shaped by technological advancements, legislative reforms, and debates over state sovereignty and global governance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 200-220. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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