LIJDLR

Volume II Issue I

STATUS OF UNBORN CHILD : A JURISPRUDENTIAL ANALYSIS

Volume II Issue I /

STATUS OF UNBORN CHILD : A JURISPRUDENTIAL ANALYSIS Viraj Kumar, Third Year B.B.A LL.B.(H.) Student, Chanakya National Law University ABSTRACT Download Manuscript In delving into the subject of the “Status of Unborn Child” we shall attempt to unravel the complex legal dimensions surrounding the rights and standing of unborn children in the current world, in the belief of the evolving nature of societal attitudes, medical advancements, and cultural influences that have shaped historical perspectives of the unborn.  In today world, there is the presence of increasingly challenging issues in such areas as reproductive rights, medical technologies, and the rights of the unborn. In this backdrop, there is a growing need to understand the principles in jurisprudence that underlie the legal frameworks surrounding unborn children. Looking back through history, we can see how societal changes, advances in medicine, and changes in cultural norms have had a profound effect on the way in which the law refers to and deals with the rights of unborn children today. The basis for this project comes from the recognition of gaps in existing legal systems and a compelling need for a nuanced analysis that explores the rights and interests of both the expectant mother and the unborn, hence we delve into various jurisprudential theories in our pursuit of shedding light on the philosophical, ethical, and cultural dimensions that inform legal decisions concerning unborn children. Through case law, legislative provisions, and international perspectives, the research will contribute to a current discourse on reproductive rights that seeks to provide a theoretical foundation enhancing our understanding of the status of unborn children within a broader context of jurisprudence, with the ultimate view that this research will help formulate more informed and equitable legal frameworks ensuring a balanced and just approach to the rights of the unborn. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 182-199. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CORPORATE GOVERNANCE PRACTICES IN INDIA: A THEORETICAL ASPECT

Volume II Issue I /

CORPORATE GOVERNANCE PRACTICES IN INDIA: A THEORETICAL ASPECT Harshit Chowdhary,Student, XIM University, Bhubaneswar Download Manuscript ABSTRACT In this article, the author endeavours to delve into the evolution of corporate governance in India post the enactment of the Companies Act of 2013. This critical legislation introduced several key provisions aimed at strengthening transparency, accountability, and fairness in corporate entities. In this article, the author discusses and highlights the importance of notable changes, including the restructuring of board compositions, the designation of Key Managerial Persons (KMPs), the revised criterion for the appointment of the company’s auditor, and the establishment of essential committees within the prescribed class of companies, such as the audit committee, stakeholder relationship committee, nomination and remuneration committee, and corporate social responsibility committee while highlighting its impact on corporate governance. The author also highlights other measures introduced in addition to these changes to enhance governance, such as mandatory disclosure of directors’ interests, the creation of vigil mechanisms, tighter control over related party transactions, and the introduction of internal and secretarial audit requirements. Hence the Companies Act of 2013 significantly contributes to creating a more transparent, accountable, and fair corporate landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 173-181. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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SAFEGUARDING FEMALE WORKFORCE: CONCERNS LAWS PROTECTION & MEASURES

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SAFEGUARDING FEMALE WORKFORCE: CONCERNS LAWS PROTECTION & MEASURES Kashish Agarwal, STUDENT, BBA LLB/ 3RD YEAR/ 6 SEM. Mohit Shah, STUDENT, BCOM/LLB/ 3YEAR/ 6 SEMESTER. Download Manuscript ABSTRACT Maintaining fundamental human rights and guaranteeing gender equality requires protecting women who work in the workforce. An overview of the issues, regulations, and safeguards relating to women working from the standpoint of labour law is given in this abstract. The main issues that female employees deal with are workplace harassment, unequal compensation, gender-based discrimination, and occupational dangers. Labour laws, which forbid discrimination, guarantee equal compensation for equal work, and set up procedures for handling grievances, are essential in addressing these issues. The legal foundation for defending the rights of female workers is provided by both worldwide labour standards established by organizations like the World Labour Organization and national labour legislation. Protections for the well-being and professional growth of female employees are further strengthened by particular regulations relating to maternity leave, parental leave, and workplace accommodations. However, challenges remain, such as incident underreporting, restricted access to legal recourse, and enforcement shortcomings. Comparative evaluations and illustrative case studies highlight the need for ongoing improvements to labour laws and enforcement procedures in addition to the effectiveness of legal remedies. In order to achieve gender parity in labour markets around the world, future strategies and policy proposals emphasize how critical it is to strengthen enforcement, promote gender-sensitive workplace rules, and push for legislative improvements. This study backs current initiatives to advance the rights and well-being of female workers worldwide. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 145-172. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EXPLORING INDIA’S CONSTITUTIONAL RIGHT TO EQUALITY

Volume II Issue I /

EXPLORING INDIA’S CONSTITUTIONAL RIGHT TO EQUALITY Khushnoor Kaur, Student, Amity Law School, Amity University Rajasthan Download Manuscript ABSTRACT The Indian Constitution’s protection of the right to equality has played a crucial and revolutionary role in establishing the country’s legal and socioeconomic framework. The article examines the emergence and development of the right to equality throughout history.  It explores the complex web of case law that has provided this right meaning and application, revealing the intricacies of judicial interpretation over time. The emerging notion of reservation, which is a key component of the right to equality, is also examined in the article. It examines how definitions and policies have evolved as well as how they have interacted with the constitutional mandate.   In order to provide a thorough grasp of the right to equality within the Indian setting, this article weaves together the historical foundations, legal complexities, and shifting meanings of reservation through the years. It shows how important this right has been in resolving historical injustices and how it is still changing to meet the demands of a just and inclusive society. In order to provide a thorough grasp of the right to equality within the Indian setting, this article weaves together the historical foundations, legal complexities, and shifting meanings of reservation through the years. It shows how important this right has been in resolving historical injustices and how it is still changing to meet the demands of a just and inclusive society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 134-144. 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 STUDY ON CONSUMER AWARENESS WITH SPECIAL REFERENCE TO GOA

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A STUDY ON CONSUMER AWARENESS WITH SPECIAL REFERENCE TO GOA Jonus Issac D’souza, BA LL. B, FIFTH YEAR, V.M. SALGAOCAR COLLEGE OF LAW MIRAMAR PANAJI GOA Download Manuscript ABSTRACT From the Barter system where needs were met through the exchange of goods without the involvement of money in the 18th century to the present era of digital currency a major revolution has taken place in the exchange of goods and services and here consumer plays a pivotal role in generating effective demand which helps in the upliftment of an economy of a country. The concept of consumer protection is not of new one, it has evolved and developed at a tremendous pace bringing into account new rights and areas in the consumer law arena. Every human being be it from birth to death is a consumer of goods and services. Being ignorant of their rights and responsibilities makes them victims of various unfair trade practices be it unfair pricing, supply of inferior products or misleading advertisements. With the broadening of the market, consumers find it tough to make appropriate choices and receive correct information about any product they purchase or any service they avail. In today’s time where the aim of every seller or producer is to maximize sales and profits, they resort to various unfair or unethical practices to achieve their targets. Hence there arises a dire need to promote consumer awareness by protecting one’s consumer rights at all levels in the country. Goa being the smallest state with a huge inflow of tourists annually, consumer awareness and consumer protection is in need of the hour. Enhancing consumer protection and preventing consumer detriment is something that needs to be looked upon. The present study aims to explore and analyse the perception of consumers towards consumer protection and seeks to ascertain the awareness of consumer protection among consumers in the state of Goa. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 110-133. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CYBERSECURITY AND DIGITAL FORENSICS: LEGAL ASPECTS OF INVESTIGATING CYBERCRIMES

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CYBERSECURITY AND DIGITAL FORENSICS: LEGAL ASPECTS OF INVESTIGATING CYBERCRIMES Muskan Jaiswal, BBA LLB 3rd Year Student, New Law College, Bharati Vidyapeeth (Deemed to be University), Pune Download Manuscript ABSTRACT The rapid development of cyberspace has resulted in an increase in cybercrimes, posing substantial obstacles for global legal systems and law enforcement agencies. With a focus on cybersecurity and digital forensics, this research paper examines the legal aspects of cybercrime investigation. It looks at jurisdictional concerns, legislative obstacles, international cooperation, and the current legal framework pertaining to cybercrimes. The paper also explores digital forensics, which includes the gathering, storing, and admissibility of electronic evidence in court, along with the integrity of that evidence. Advanced technologies such as blockchain and encryption and their effects on digital forensic practices are discussed, along with ethical and privacy considerations in cybercrime investigations. Case studies and precedents are used to show how cybercrime investigations are carried out in different legal frameworks around the world and to suggest ways to improve investigations while maintaining due process. This essay seeks to shed light on the intricacies of cybercrime investigations and make suggestions for enhancing their efficacy while abiding by the law. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 96-109. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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COMPULSORY LICENCING AND ACCESS TO MEDICINE

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COMPULSORY LICENCING AND ACCESS TO MEDICINE Dr. Sonika Bhardwaj, Associate Professor, School Of Law, Christ (Deemed to be University) Bangalore. Aswathi Radhakrishnan, LLM IPL, School Of Law, Christ (Deemed to be University) Download Manuscript ABSTRACT At the time of the global pandemic, nations around the globe understood that a nation’s true development is based on how well its healthcare sector performs or how well the distribution of access to medicine takes place. Big pharma companies produce patented, good-quality drugs, but the accessibility of these drugs is very limited, especially in the developing and least developing countries. Due to the patentability of medicines, the drug manufacturers will have an exclusive right over the product. Therefore, the cost of medicine in LDC(least developed countries) and DC(Developing countries) is too high. As an exception to this, a compulsory licence has been introduced. It basically allows the use of patented drugs or medicines to produce, use and sell even without the consent of the patentee or the inventor of the particular drug. Compulsory licensing could have a positive and a negative impact on society. The reason is that CL does help the LDC and DC with access to medicine in emergencies. On the other hand, the inventor’s IPR right will be jeopardised. The CL will take away all the IPR protection under the patent law. This paper focuses on how CL plays a vital role in access to medicine, particularly in developing countries and also looks into how the CL addresses public health concerns. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 82-95. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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PATENTING OF GENETICALLY MODIFIED CROPS: A GLOBAL EXPLORATION OF LEGAL AND ETHICAL PERSPECTIVES

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PATENTING OF GENETICALLY MODIFIED CROPS: A GLOBAL EXPLORATION OF LEGAL AND ETHICAL PERSPECTIVES Dr. Sonika Bhardwaj, Associate Professor, School Of Law, Christ (Deemed to be University) Bangalore. Sruthi Sekhar, LLM IPL, School Of Law, Christ (Deemed to be University) Download Manuscript ABSTRACT Genetically modified crops have become a ground-breaking technique in the field of agricultural innovation, offering potential solutions to an array of problems concerning food security, sustainability, and increased agricultural output. Within this dynamic landscape, the patenting of genetically modified crops is a pivotal issue in the intersection of biotechnology, agriculture, and intellectual property, raising significant legal, ethical, and environmental questions. The research commences by exploring the historical development of patent laws, analysing how these laws have evolved to incorporate the complexities of genetically modified crops (GMCs). This research paper presents a comprehensive exploration of the legal and ethical perspectives surrounding the patenting of Genetically Modified Crops by conducting a comparative analysis across different nations, shedding light on the diverse global perspectives. The study delves deeply into the ethical ramifications of granting patent rights to GMO companies, investigating concerns related to market monopolies, seed accessibility, and the diminishing rights of farmers. It critically evaluates the equitable enforcement of these patents, particularly among small-scale and marginalized farmers, taking into account variables like traditional seed-saving practices, innovative approaches, and existing economic disparities. Through comprehensive case studies and rigorous legal analyses, the research elucidates the issues faced in India. This research is an effort to bring light into the discrepancies associated with patenting of biotech inventions. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 63-81. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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TECHNOLOGICAL INTERVENTIONS IN COMBATING SOCIETAL DRUG ABUSE

Volume II Issue I /

TECHNOLOGICAL INTERVENTIONS IN COMBATING SOCIETAL DRUG ABUSE Saksham Sharma, B.A. LL.B. (5th year), Khalsa College of Law, Amritsar Sahibpreet Singh, LLM (2023-24), Guru Nanak Dev University, Amritsar Download Manuscript ABSTRACT Drug dependency is a worldwide problem that affects one person along with his kinsmen and neighbors. This essay will examine the complex relationship between drugs and technology and assert that technology can be a puzzle in all of this, as both cause and solution at once. The issue of drug abuse is very alarming across the globe with millions affected every year. India has been grappling with opioid crisis particularly high death rates due to overdose. Among youth also substance use is going up. There are several effects in society including overburdened healthcare systems, increased acts of crime and violence, broken families, economic decline and social disintegration. Technological interventions offer a holistic approach towards addressing this problem. Mobile apps and virtual reality could be interesting educational tools that sensitize people about drugs while still enabling them to conduct self-assessments. Because blockchain technology guarantees transparency along this channel thereby mitigating fraudulence risks connected to fake medications. Artificial Intelligence also assists law enforcement through analyzing data, predicting trends, following the dark web or even identifying potential at risk persons. The potential of quantum computing and genetic profiling to revolutionize drug development and personalized care is promising. The interdisciplinary application of these technologies, coupled with artificial intelligence, signals a hopeful future in the fight against drug addiction. Advocacy for the adoption of these technological advancements and endorsement of innovative solutions will foster a brighter, technology-enhanced future. This will bolster collective efforts to combat drug abuse and protect societal well-being. The legal and academic communities have a crucial role to play in this endeavor, and their active participation is essential for success. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 29-62. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONCEPT OF COMPASSIONATE APPOINTMENT

Volume II Issue I /

CONCEPT OF COMPASSIONATE APPOINTMENT Rohit Arora, Advocate, Punjab and Haryana High Court, Chandigarh. Download Manuscript ABSTRACT Every sector is governed under some law prevailing in our country and employees who are employed under those sectors are also bound to work within the boundaries of those laws. Being employed at some place doesn’t mean to break the boundaries and stepped out from that without complying the particular procedures established by law. There are certain policies which are formulated by the government of different states to keep the employer-employee relationship healthy and welfare of the employee after their death. Most of the posts are constituted to do some particular work and here comes the eligibility of individuals, employers who are working under different sectors either government, semi-government or private sector has some rights including liabilities and duties towards their service. Employer is also bound to maintain the status of his employee either mentally or financially even if some unfortunate circumstances happen. Considering all these issues, the government has formulated certain policies regarding the services of the employees which include compassionate appointment. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 23-28. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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