LIJDLR

Volume II Issue II

GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN

GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN Adhila Fathima.I, Student of Chennai Dr. Ambedkar Government Law College. Download Manuscript ABSTRACT Human rights deal with various issues like trafficking, refugees’ crisis, labourers problems, genocide, war crimes, sexual crimes, lgbt rights and many more. However, the gender inequality problem has been one of the issues that has existed for a considerably long period. Even in this modern era, it is not accepted by the ‘whole’ world that gender equality is a human right. India faced various dimensions in gender justice. There are a lot of changes in the number of rights given without any gender biases provided before and now in India. Because when it comes to the context of India, it is said as one of the countries which was underdeveloped in the past for various reasons, however one of the causes was the setup of patriarchal society of India. In this article it is discussed about the status of gender equality in the past and the legal changes brought up. There is a role of customs, beliefs and practices for the unempowered situation of women of India. Culture and religion are treated as crucial institutions in Indian society. Thus, are any beliefs followed in the society being a cause of Gender inequality? If it is, then what are the practices that bring underdevelopment to women and what legal implications are there? These are the matters which are to be analysed in this article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 194-207. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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AMENDING CITIZENSHIP IN A SHIFTING WORLD: INDIA’S CAA AND THE GLOBAL REFUGEE LANDSCAPE

AMENDING CITIZENSHIP IN A SHIFTING WORLD: INDIA’S CAA AND THE GLOBAL REFUGEE LANDSCAPE Shreyanshu Kumar, 2nd year School of law, Christ University, Bengaluru. Tisa Agarwal, 2nd year School of law, Christ University, Bengaluru. Download Manuscript ABSTRACT The migration procedure, a complex and multifaceted aspect of human civilization, has been influenced by various factors such as economic opportunities, safety reasons, and improved living standards. However, the nation-state model of political organization and the introduction of artificial borders in different parts of the world have made immigration a more intricate and challenging issue. This paper delves into the distinction between migrants and refugees, a crucial aspect that determines their legal status and rights. India’s immigration laws, with their rich historical context, are a testament to the nation’s resilience and adaptability. These laws, predominantly inherited from colonial-era statutes like the Foreigners Act of 1946, have evolved to safeguard the rights of foreigners, including refugees, in India, despite the absence of specific legislation addressing refugees. The development of citizenship laws in India, particularly the Citizenship Amendment Act (CAA) of 2019, has sparked debate due to its perceived bias. The CAA is designed to grant citizenship to persecuted minorities from neighbouring countries, but critics argue it contradicts India’s secular principles and discriminates against certain religious groups. Recent changes to the CAA rules aim to address concerns about eligibility and required documents. In contrast, countries like Australia and the United States have well-defined procedures for resettling refugees, guided by global agreements and local laws. They prioritize the protection and integration of refugees into society while also addressing security concerns. This paper also includes primary research, incorporating data from various government and international databases, such as UNHRC, Refugee Council of Australia. Dealing with migration, asylum, and refugee protection is a complex task that demands a delicate balance between humanitarian duties and the nation’s interests. As a critical player in the region and a staunch supporter of humanitarian ideals, India is tasked with maintaining fairness, justice, and empathy while navigating the intricate issues of migration in an interconnected world. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 168-193. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DRUG ABUSE PHENOMENON AMONG STREET CHILDREN’S IN INDIA: A STUDY WITH SPECIAL REFERENCE TO ASANSOL CITY OF WEST BENGAL

DRUG ABUSE PHENOMENON AMONG STREET CHILDREN’S IN INDIA: A STUDY WITH SPECIAL REFERENCE TO ASANSOL CITY OF WEST BENGAL Saurya Sarkar, LL.M, Kazi Nazrul University, Asansol, West Bengal & Advocate, District & Sessions Judges Court Paschim Bardhaman at Asansol. Download Manuscript ABSTRACT India is the second most populated country in the world, and it has also the largest number of street children worldwide. UNICEF in its 1994 study published that there are more than 11 million children worldwide. In our daily life every one of us witnesses the children who are living in a street condition, outside bus stand , railway station, under the bridge, near traffic signals, etc. These children are regularly facing hunger, suffering from malnutrition  , subject to substance abuse and addiction. These children have not experienced what is home or a shelter ?, health care facility, vaccinations are not available and on the top education is a daydream for them. We call ourselves a civilised society , then does our constitution permit the various stake holders to overlook the problems of the street children’s ?. In India drug abuse among street children is a critical issue , posing a significant challenge towards public health and social welfare system . This research work is an attempt to explore the prevalence and patterns of drug abuse and discuss the provisions of the existing legislations . Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 155-167. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GENDER FLUIDITY VIS-À-VIS FUNDAMENTAL RIGHTS

GENDER FLUIDITY VIS-À-VIS FUNDAMENTAL RIGHTS Arunima Bali, Student Download Manuscript ABSTRACT Society is vulnerable to change. Any society resisting change is not amenable to development. A society comprises rational beings with a set of conscious values. Values are mind-dependent. The internalisation of values is an individualistic phenomenon. The institutionalisation of certain values is subjected to the whims of people. Institutions promote such values that they deem fit the needs and propensities of society. Whether we accept it or not sexuality of one is inextricably intertwined with the values and norms of society as a whole. None of either of the two can thrive in isolation. However, the tussle surfaces when the status quo of values and norms disdains the sexual orientation of the individuals posing a question mark on the individuality of beings itself. The article presented herein unfurls the numerous technicalities dealing with the sexuality of a person and how it is deeply integrated into the concept of self.  The recent impugned judgement—Supriya Chakraborty v Union of India—of the apex court wiggled our reasonability regarding the legitimacy of same-sex legislation. Are we evading our accountability of recognising the rights of a sphere of society relying on the premise of skewed and subjective values? Are non-conformed individuals not entitled to receive adequate and apt rights from the authorities? Is an unrecognition of rights an expected mechanism to deal with and pacify the rigidity of society? If the classification of one individual is a valid classification, then why is bestowing rights to a small section of society, not a valid concern? All these questions are answered in the presented article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 131-154. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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BALANCING SUSTAINABILITY AND PROSPERTITY: THE IMPACT OF THE PETROLEUM INDUSTRY ACT, 2021 ON NIGERIA’S HOST COMMUNITIES

BALANCING SUSTAINABILITY AND PROSPERTITY: THE IMPACT OF THE PETROLEUM INDUSTRY ACT, 2021 ON NIGERIA’S HOST COMMUNITIES Dr Macaulay J D Akpan Esq, Head, Department of Paralegal Studies/Chief Lecturer, Akwa Ibom State Polytechnic Ikot Osurua, Ikot Ekpene, Nigeria, West Africa. Radha Ranjan, Doctoral Research Scholar, Department of Law and Governance, Central University of South Bihar, India. (NAAC Accredited A++ and UGC Category 1 University). Download Manuscript ABSTRACT This paper examined the inconsistencies in the Petroleum Industry Act, 2021 and the Nigeria Upstream Petroleum Host Communities Development Regulations, 2022 aim at fostering sustainable prosperity and harmonious relationship between the settlors and the host communities in Nigeria. The work adopts doctrinal method wherein the researchers deploy primary and secondary data. In the primary data, the work used information from various statutory provisions as well as case laws. In the secondary source, the research adopts and analyses information from textbooks, journal papers and internet materials. Also, the researchers interviewed some board of trustees (BoT) members of the host communities’ development trust and the natives in the host communities with a view to elicit data on the impact of the PIA, 2021 and its regulation 2022 on the welfare and wellbeing of the host communities. The research found that the PIA 2021 chapter 3 and NUPHCDR 2022 donate powers to the Settloi and the BoT for example, to incorporate the HCDT. Again, the Act makes the Settloi’s representatives the principal signatory to the account of the HCDT. The paper recommends, among other things, that besides the novel host communities development provision, there is need to review the Act to cloth the host communities with the function to establish the trust and appoint members of the HCDT. And, the NUPRC should be made to play supervisory role over the trust, while the settlor’s power should be restricted to the payment of the prescribed actual annual operating expenditure into the trust fund. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 92-130. 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 SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES

ANALYSING THE SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES Arka Biswas, Student at Guru Gobind Singh Indraprastha University Download Manuscript ABSTRACT As a keystone of constitutional democracy, judicial review plays a very important role in safeguarding the rule of law and protecting fundamental rights. This research paper aims to take a deeper look at the scope and ambit of judicial review of contemporary issues, exploring its advantages and challenges in today’s legal environment. It addresses concerns about the role of the judiciary, the distribution of powers, and the delicate balance between the judiciary and other branches of government. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 67-91. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DIGITAL MERGER AND ITS CHALLENGES TO THE COMPETITION LAW: INDIAN LAWS

DIGITAL MERGER AND ITS CHALLENGES TO THE COMPETITION LAW: INDIAN LAWS Shashank S Katagar, Student of Bba Llb (Honours) School Of Legal Studies, Reva University Download Manuscript ABSTRACT The rapid rise of digital platforms has fundamentally transformed the Indian economy, ushering in unprecedented levels of connectivity, convenience, and innovation. However, this digital revolution has also brought forth unique challenges for competition law, particularly in the realm of mergers and acquisitions. In this paper, we delve into the intricacies of digital mergers within the framework of Indian competition law. We explore how the traditional geographic boundaries that once defined market competition become increasingly irrelevant in the context of online platforms, where users can interact and transact across borders effortlessly. Additionally, we examine the concept of multi-sided markets, where platforms cater to multiple user groups whose interactions generate network effects and drive value creation. These network effects pose significant challenges for competition authorities, as dominance in one market segment can spill over into adjacent markets, further entrenching the position of dominant platforms. Against this backdrop, we analyze the relevant provisions of the Competition Act, 2002, and the evolving approach of the Competition Commission of India (CCI) in assessing digital mergers. Notably, we highlight the introduction of a deal value threshold and the CCI’s heightened focus on factors such as substitute platforms and the potential for new entrants to mitigate competitive concerns. By navigating these complexities and adapting to the digital landscape, Indian competition law aims to foster innovation, protect consumer welfare, and ensure a level playing field in the dynamic and rapidly evolving digital economy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 43-66. 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 GENDER IN ARMED CONFLICT: UNDERSTANDING EXPERIENCES, IMPACTS AND PATHWAYS TO PEACE

THE ROLE OF GENDER IN ARMED CONFLICT: UNDERSTANDING EXPERIENCES, IMPACTS AND PATHWAYS TO PEACE Bhavya Jain, Student Download Manuscript ABSTRACT Armed conflicts worldwide have profound and multifaceted impacts on individuals and communities, with gender playing a crucial yet often overlooked role in shaping these experiences. This research paper explores the complex interplay between gender and armed conflict, aiming to deepen understanding of the differential effects on men, women, and gender minorities. Drawing on a comprehensive review of scholarly literature and empirical evidence, this paper examines how gender dynamics influence conflict processes, including recruitment, participation, victimization, and peacebuilding efforts. By analyzing case studies from various regions and conflict contexts, this paper highlights the diverse roles and experiences of individuals based on gender identity, social norms, and power structures. Furthermore, this paper critically evaluates the effectiveness of existing policies and interventions in addressing gender-based vulnerabilities and promoting gender-responsive approaches to conflict prevention, resolution, and post-conflict reconstruction. Through a gender-sensitive lens, this research contributes to broader efforts to advance gender equality, human rights, and sustainable peace in conflict-affected societies. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 30-42. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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UNIFORM CIVIL CODE & ITS IMPORTANCE – Copy

UNIFORM CIVIL CODE & ITS IMPORTANCE Vedang Kapoor, 10th Semester student at Amity Law School, Lucknow. Dr. Rajeev Kumar Singh, Assistant Professor at Amity Law School, Lucknow Download Manuscript ABSTRACT The Uniform Civil Code (UCC) remains a perennial hotbed of debate in India, embodying the intricate interplay between cultural multiplicity and the foundational tenets of equality and justice enshrined in the constitution. This treatise delves into a meticulous examination of the UCC, tracing its historical metamorphosis, constitutional moorings, and present-day pertinence. Through a scrupulous dissection of the pro and contra arguments surrounding the UCC, this inquiry seeks to illuminate its prospective ramifications on national integration, gender parity, and juridical homogeneity. By leveraging comparative analyses from nations with established uniform civil statutes, the research delineates both the auspicious prospects and inherent obstacles tied to the UCC’s enactment. Exemplary cases from countries such as Turkey and France highlight the potential of such codifications to advance egalitarianism and societal concord, whereas cautionary narratives underscore the labyrinthine challenges posed by cultural plurality and religious nuances. Additionally, the study outlines future research trajectories aimed at enhancing comprehension and manoeuvring through the intricate UCC discourse. By encouraging judicious decision-making and addressing societal apprehensions, policymakers can steer a course that upholds the principles of pluralism, equality, and justice within India’s diverse societal fabric. Through collective endeavours and pragmatic methodologies, the UCC discourse has the potential to act as a catalyst for substantive social transformation and advance towards a more equitable legal edifice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 11-29. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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UNIFORM CIVIL CODE & ITS IMPORTANCE

UNIFORM CIVIL CODE & ITS IMPORTANCE Vedang Kapoor, 10th Semester student at Amity Law School, Lucknow. Dr. Rajeev Kumar Singh, Assistant Professor at Amity Law School, Lucknow Download Manuscript ABSTRACT The Uniform Civil Code (UCC) remains a perennial hotbed of debate in India, embodying the intricate interplay between cultural multiplicity and the foundational tenets of equality and justice enshrined in the constitution. This treatise delves into a meticulous examination of the UCC, tracing its historical metamorphosis, constitutional moorings, and present-day pertinence. Through a scrupulous dissection of the pro and contra arguments surrounding the UCC, this inquiry seeks to illuminate its prospective ramifications on national integration, gender parity, and juridical homogeneity. By leveraging comparative analyses from nations with established uniform civil statutes, the research delineates both the auspicious prospects and inherent obstacles tied to the UCC’s enactment. Exemplary cases from countries such as Turkey and France highlight the potential of such codifications to advance egalitarianism and societal concord, whereas cautionary narratives underscore the labyrinthine challenges posed by cultural plurality and religious nuances. Additionally, the study outlines future research trajectories aimed at enhancing comprehension and manoeuvring through the intricate UCC discourse. By encouraging judicious decision-making and addressing societal apprehensions, policymakers can steer a course that upholds the principles of pluralism, equality, and justice within India’s diverse societal fabric. Through collective endeavours and pragmatic methodologies, the UCC discourse has the potential to act as a catalyst for substantive social transformation and advance towards a more equitable legal edifice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 11-29. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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