LIJDLR

Volume II Issue II

RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW

Volume II Issue II /

RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW Sukhman Kapoor, 3rd year B. Com LL.B (Hons.) Student at University Institute of Legal Studies, Panjab University Chandigarh Download Manuscript Religious autonomy is one of the essential pillars of Indian democracy, and the nation is responsible for guaranteeing the same access to every citizen. Despite the fundamentality and pivotal nature of religious freedom, it cannot be categorized as an absolute right of the individual or community. The same has been subject to reasonable restrictions which can be better ensured by judicial intervention and interpretation whenever required. The balance between religious autonomy and judicial intervention in India is a complex and evolving issue, especially in safeguarding constitutional rights while respecting religious traditions.  The Doctrine of Essential Religious Practices (ERP), formulated by the judiciary, determines which religious practices are fundamental to faith and deserve constitutional protection. Judicial intervention in religious matters often stirs controversy, as seen in landmark cases like Sabarimala and Triple Talaq, where the courts ruled against traditional practices in favor of gender equality and fundamental rights. These rulings underscore the judiciary’s role in ensuring that religious customs do not violate constitutional principles like justice, equality, and non-discrimination. Despite this, critics argue that such interventions infringe on religious autonomy, as the courts assume the authority to define what constitutes essential religious practices. The paper highlights the importance of a balanced approach, advocating for judicial intervention to be applied judiciously to protect individual rights while honoring religious traditions.  By thoughtfully addressing these tensions, the courts can ensure that religious practices are compatible with the values of a modern, diverse society, without compromising the core principles of religious autonomy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,279-1,296. 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 RELEVANCE OF CAPITAL PUNISHMENT IN INDIAN CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS

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THE RELEVANCE OF CAPITAL PUNISHMENT IN INDIAN CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS Pratyush Mahapatra, LAJPAT RAI LAW COLLEGE, SAMBALPUR UNIVERSITY Download Manuscript The concept of life is profoundly significant, intertwining morality, justice, and the implications of wrongdoing. Capital punishment, or the death penalty, is a highly contested form of punishment where a person is executed by the state for a crime. This paper examines the introduction and evolution of capital punishment in India’s criminal justice system, analyzing arguments for and against it. It explores international law compliance, judicial precedents, and significant reports shaping its implementation in India. Historically, the death penalty has roots in ancient Hindu and Islamic laws and was prevalent during the Mughal Empire. In modern India, it is reserved for the rarest of rare crimes. Arguments favoring the death penalty include deterrence and moral retribution, while opponents highlight the risks of grave injustice, lack of selectivity, and ineffectiveness in curbing crime. Global trends show a movement towards abolition, with many countries reducing or eliminating its use. The paper underscores the need for judicial reforms, life imprisonment without parole, and education programs as alternatives to the death penalty, advocating for a shift towards more humane and restorative forms of justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,259-1,278. 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 SHADOW ECONOMY: UNVEILING THE WHITE-COLLAR CRIMES IN INDIAN LEGAL SYSTEM WITH A CRITICAL ANALYSIS

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THE SHADOW ECONOMY: UNVEILING THE WHITE-COLLAR CRIMES IN INDIAN LEGAL SYSTEM WITH A CRITICAL ANALYSIS A I SUGANDESH, 3rd year BALLB law student Government Law College, Dharmapuri affiliated to Tamil Nadu Dr. Ambedkar Law University Download Manuscript This research provides a concise overview of white-collar crimes in India, exploring the historical background of the recent scams related to white-collar crime in India and with the significant reports and the case laws. The legal framework in the conduct of white-collar crimes lacks a rigid structure. When the world encountered business and technological development the presence of white-collar crimes rapidly increased, and to restrain it a strong structure of law was imposed. This paper examines the causing factors of white-collar crime in our society which includes the influences, of economic, financial, and political. And also explores the various types of white-collar crime in our society. The conclusion of various reports in the analysis of white-collar crime in the cases made a significant change in some aspects of the law. The stringent law to curb the conduct of crime in the economy has a heinous adverse effect on the nation’s economy. And discusses the practice of misconduct of financial crimes by the higher classes and the professional scams that take place. This research paper concludes with an analysis of the white-collar scams in India by providing an overview of the conduct of white-collar crime with a significant case analysis. In summary, this research paper provides a valuable resource for researchers and legal practitioners seeking to understand white-collar crimes and the conduct of white-collar crimes related to the structural legal system of India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,245-1,258. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GUARDING FEMALE EMPLOYEES AGAINST SEXUAL HARASSMENT IN WORKPLACE

Volume II Issue II /

GUARDING FEMALE EMPLOYEES AGAINST SEXUAL HARASSMENT IN WORKPLACE Anukriti Mathur, LLM Student at HPNLU Download Manuscript Traditionally, the man was responsible for hunting and performing duties outside the four walls while the woman was responsible for overseeing affairs within the four walls. But with increasing formal education for females, the female workforce too increased creating parity between genders in the working class. The increased participation of females in offices, factories, and mines also created a need for a separate mechanism for speedy redressal of abuse of sexual nature at the workplace. Sexual harassment leads to frequent dropouts by females and affects the productivity of female employees. The lawmakers in the interest of economic growth devised enactment to provide a safe work environment for females in both organized and unorganized sectors. The framers of the Constitution provided for safeguarding for females in all walks of life. Additionally, the Indian Penal Code along with Criminal Amendment Act 2013, expanded the definition of sexual harassment and made it a criminal offence. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,233-1,244. 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 LEGAL PERSPECTIVE ON CIVIL SERVICE EXAMINATIONS AND SCRUTINY SYSTEM: PUJA KHEDKAR CASE

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A LEGAL PERSPECTIVE ON CIVIL SERVICE EXAMINATIONS AND SCRUTINY SYSTEM: PUJA KHEDKAR CASE Vishakha Yadav, Student at Des’s Shri Navalmal Firodia College, Pune Download Manuscript The evolution of civil services in India and their relation to social welfare has always been significant. These services being started during the British period, have continued to be an integral part of India’s quasi-federal structure. These civil services and government examinations have undergone major changes with time in consideration since 1784. The involvement of judicial factors and the Indian judiciary is the highlighting factor for change in the civil services examination system. At each level of the state there is the constitution of the State Public Service Commission whereas at the Central level, the Union Public Service Commission conducts civil examinations. There is a check bounce on both commissions by the apex court of India. To delve deeper into this research paper, analyses the transformation journey of civil service examinations, the concerned body, and the challenges involved in maintaining the authority of power within the system. This research paper serves as an account of examination systems in India, the scrutinization and merit system, the role of the Union Public Service Commission in the motivation of eligible cadres, difficulties faced by the Commission in addressing the same, and its overall implications on the judicial framework and country at large. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,217-1,232. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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TRAVERSING THE LEGALITY OF MARITAL RAPE: AN ANALYSIS IN LIGHT OF MODERN INDIAN CRIMINAL LAW

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TRAVERSING THE LEGALITY OF MARITAL RAPE: AN ANALYSIS IN LIGHT OF MODERN INDIAN CRIMINAL LAW NIGHILKUMAR M, Student at Government Law College, Dharmapuri Affiliated to Tamil Nadu Dr Ambedkar Law University, Chennai, Tamil Nadu Download Manuscript This paper research about whether the marital rape is an offense or not. Rape is a cruel form of violation of the right to privacy for women and a violation of human rights against women.  It is not only the physical effect but also the psychological effect. Rape is considered an offense under Section 375 of the Indian Penal Code, 1860 which will be replaced by Bharatiya Nyaya Sanhita, 2023 defined the same as under Section 63 of said sanhita but have some modifications. No specific laws were criminalized and penalized the marital rape. Since marital rape is not considered an offense of rape and not the offense is criminalized. This paper gives us efficient matter about the marital rape. There are so many judicial decisions is pronounced the validity of marital rape. Both sides of marital rape are offenses and not offenses are equal value. But one thing will strongly be concluded: we all have equal rights and no right to be infringed in any way. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,203-1,216. 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 LEGAL IMPLICATIONS OF INFLUENCER MARKETING

Volume II Issue II /

THE LEGAL IMPLICATIONS OF INFLUENCER MARKETING Harsh Verma, Student at Galgotias University Download Manuscript Influencer marketing has disrupted the advertising sector by capitalizing on social media personalities and their large following and influence to promote products or services. The speed of this evolution has far outpaced the pace at which the corresponding legal frameworks are being developed, thereby raising major compliance and consumer protection concerns. The current study will, therefore, contribute towards the examination of the legal issues surrounding influencer marketing in areas such as disclosure requirements, challenges in enforcement that regulators face, and consequences in case of non-compliance. It will, therefore, seek an understanding of the current legal environment through analysis of existing regulations, legal cases, and the view of industry experts. This paper outlines the legal implications of influencer marketing through an analysis of current laws, regulatory guidelines, and notable legal cases. Based on a qualitative approach comprising a literature review and expert interviews, this study found yawning gaps in the existing legal regime and the challenges enforcement authorities face. Of particular note from the analysis is that the majority of influencers, along with brands, ignore or misunderstand the disclosure requirements—therefore engaging in deceptive advertising. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,181-1,202. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANALYSING THE BUYBACK OF SHARES IN INDIA

Volume II Issue II /

ANALYSING THE BUYBACK OF SHARES IN INDIA Usha G, BA. LL.B., Christ Academy Institute of Law, Bangalore Download Manuscript Buyback of shares have gained great prominence in India after the Amendment to companies Act in 1999, which allows companies to repurchase their own shares. This kind of strategy tries to restrict and limit share supply in the market, perhaps stabilizing or increasing prices, but their effectiveness varies greatly, raising concerns about their underlying worth. This paper analyses the reason for buybacks, including their influence on market value. Though buybacks can increase shareholder value, companies must balance this approach with long-term investments to avoid masking underlying financial issues. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,172-1,180. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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UNSEEN HAZARDS: ANALYSING THE IMPACT OF NEGLIGENCE IN ACCIDENT CAUSATION

Volume II Issue II /

UNSEEN HAZARDS: ANALYSING THE IMPACT OF NEGLIGENCE IN ACCIDENT CAUSATION Arsh Singh, Student at University of petroleum and energy studies Download Manuscript Negligence plays a big role in causing accidents, especially when it comes to driving. In this research paper, we’re going to dig into how negligence affects accident causation and the laws that deal with this issue in different places. First up, we’re going to look at the relevant parts of the Indian Penal Code (IPC) that deal with accidents caused by negligence. We’ll dive into sections like Section 304A (which covers causing death by negligence), Section 336 (dealing with acts that put others’ lives at risk), and Section 279 (all about reckless driving on public roads). We’ll break it all down and explain what the law says about these negligence-related offenses. But we’re not stopping there. We’ll also take a good look at the Motor Vehicles Act, 1988 (MVA). This act lays out a bunch of rules for how motor vehicles should be operated. We’ll explore the important bits, like the duty of care, liability for negligence, the presumption of negligence, contributory negligence, and vicarious liability. These rules show how the law tackles the problem of negligence when it comes to causing accidents. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,155-1,171. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GROWTH OF ARTIFICIAL INTELLIGENCE (AI) IN THE INDIAN LEGAL SYSTEM AND ITS IMPACT ON CYBER TERRORISM IN INDIA

Volume II Issue II /

GROWTH OF ARTIFICIAL INTELLIGENCE (AI) IN THE INDIAN LEGAL SYSTEM AND ITS IMPACT ON CYBER TERRORISM IN INDIA Ayushi Verma, The Law School, University Of Jammu Download Manuscript “Artificial Intelligence is not a substitute for human intelligence; it is a tool to amplify human creativity and ingenuity” – Fei-Fei-Li (American Computer Scientist)AI is a new leading-edge innovation. It is currently restructuring various realms. Traditional methods have been replaced after the unification of AI in different sectors particularly the integration of AI in the Indian legal system. AI has proved helpful in Cyber Space by curbing Cyber threats and ensuring Cybersecurity. The present research study is devoted to how “Artificial intelligence” has grown in the Indian Legal System. It deals with the use of AI in Cybersecurity. It also traces the present legal framework with regard to AI and Cyberterrorism in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1139-1154. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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