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

THE EFFICACY OF CARBON TRADING VIS A VIS ENVIRONMENTAL JUSTICE IN KENYA AND OTHER DEVELOPING COUNTRIES Shadrack Chai Chivatsi, Student at the University of Nairobi, Kenya Download Manuscript This article critically analyses the prolonged environmental injustices that have been occurring in the global south. Carbon trading being used as a mitigation measure and existing in two forms voluntary and regulatory compliance markets. This study aims to evaluate the efficacy of carbon trading schemes in Kenya and comparable developing countries in delivering environmental justice and community-level benefits besides emissions reductions. A mixed-methods impact assessment of operational REDD+ and Clean Development Mechanism projects showing effectiveness in the process of trading. Analysed data, community consultation practices, governance frameworks and allocation of livelihood co-benefits. Quantitative data is statistically tested for evidence of disparate intra-project impacts on different social groups. Qualitative insights and accessing the effectiveness of safeguards in empowering marginalized communities and addressing potential trade-offs. Cross-country comparisons will identify best practices. Policy recommendations required for balancing mitigation rigour with principles of distributive, procedural and corrective justice in carbon market design for poverty-vulnerable contexts. As the international community scales up carbon pricing under the Paris Agreement, analytics from this research can help maximize developing countrys NDC ambitions through equitable, community-centric market-based climate actions aligned with the UNFCCC’s environmental justice mandate. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1116-1138. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

ENTITLEMENT OF THE SECOND WIFE TO MAINTENANCE IN HINDU LAW: CRITICAL ANALYSIS OF LAWS AND PRECEDENTS Supragya Singh, DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW Download Manuscript The essentiality of the rule of monogamy under the Hindu Marriage Act of 1955 holds any marriage in contravention of it void. Specific rights and privileges flow to a woman through a valid marriage. With this legal reality, this research paper examines the second wife’s right to maintenance under Hindu law. It would mainly focus on the right to maintenance of the second wife who knowingly entered into a bigamous marriage. This research paper critically evaluates the evolving judicial pronouncements for the maintenance of the second wife and the case of the voluntary second wife. It critically analyses the scope of the remedy available to the second wife in such cases by taking recourse to different provisions of the Hindu Marriage Act, 1955, the Hindu Adoption and Maintenance Act, 1956, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Women from Domestic Violence Act, 2005 and pointing the limitations of these provisions, specifically for the second wife having knowingly entered in a bigamous relationship. The paper thoroughly analyses specific sanctions against the husband for committing bigamy while living with his first wife. It goes on to point out the limitations of these sanctions in the case of the second wife having knowingly married him despite his married status. After examining the various issues and factors, this paper will attempt to propose a tentative solution to relieve and compensate women who have to face the uneven social stigma and hardships in their sustenance and prospects by having knowingly entered into a bigamous relationship. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1103-1115. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

AN ERA OF GLOBAL RELATIONS: HOW INTERNATIONAL LAWS INFLUENCE DOMESTIC LAWS I Sharan, CHRIST Deemed to be UNIVERSITY, Bangalore Download Manuscript International Law is a field of law that is on constant debate on whether it could be considered as real law as there are no mechanisms to enforce it. There have been debates that international law affects the sovereignty of a nation and makes its way into domestic law through persuasion. It has been debated how international law functions in general. International law has a Western touch to it. It tries to impose Western culture on other nations has been one the most prevalent debates. We can assume that this Western touch is due to the presence of certain ideologies in Western countries which are lacking in Eastern nations. International law can be considered as to be brought on about to maintain peace and world order and provide a way for nations to seek redressal in case their nation is faced with any foreign or internal disruption. This paper analyses what international law and domestic law are, and the difference between domestic and international law. How they differ in their meaning to the process of creating and implementing these laws. The paper hopes to analyze and provide a solution on whether the laws made through international treaties and conventions have an impending effect on the domestic laws followed in a nation that has agreed to the treaty. It also tries to analyze whether the sovereignty of a nation is affected by international law. The paper concluded by stating that it is up to the discretion of the nations to a treaty whether they want to accept a treaty and implement the clauses of such treaty into their domestic laws. They can be either dualists or monists concerning accepting international law and that international law’s effect on domestic law is purely based on the decision of the state. The paper also concludes that the sovereignty of the state is not affected by international law as the states hold the ultimate power to accept or withhold a treaty. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1092-1102. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

ANTITRUST LAW IN THE AGE OF BIG TECH: REGULATING DIGITAL MARKET POWER AND SAFEGUARDINGCONSUMER INTEREST Nirbhay Singh, Lovely Professional University Download Manuscript In the contemporary digital economy, antitrust law feels a new set of powerful challengers in the form of Google, Amazon, Facebook, Apple, and Microsoft among others. Large enterprises which control these numerous digital platforms, data infrastructure, and international markets, have elicited fears of their monopolistic nature, thus making these companies wield unprecedented market power. This paper seeks to analyze and discuss the challenges that traditional antitrust legislation is facing due to certain features of the digital economy and activities of the dominant players, the Big Tech companies. Using experiences from the US and EU significant antitrust cases of Big Tech firms, this paper exposes the weaknesses of the existing legal policies and identifies the changes that need to be made to strengthen the competition law approach in the digital economy. In particular, the paper analyzes such cases as United States v. Microsoft, the European Commission’s cases against Google, the FTC’s lawsuit against Facebook, Apple v. Epic Games, and others. It claims that the current antitrust legislation that is in place is inadequate for handling non-price competition questions that include data privacy, platform monopolies, and subsiding innovation. As a result, this paper offers a range of policy advice to the appropriate authorities to ensure that digital markets function in ways that guarantee the welfare of consumers while promoting innovation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1077-1091. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

UNIFORM CIVIL CODE : EXAMINING THE OBSTACLES TO PUTTING UCC INTO EFFECT Nitin Kumar, University Five Year Law College (Ufylc), Jaipur Download Manuscript In India, there is a lot of discussion and debate about the Uniform Civil Code (UCC). It touches on issues of gender equality, religious freedom, and social harmony. The UCC proposes a common set of laws governing private matters such as marriage, divorce, inheritance, and adoption, regardless of a citizen’s religious identity. This essay critically investigates the UCC’s historical roots, constitutional foundation, and current applicability in India. The study looks at how personal laws changed during British control, setting the stage for today’s legal pluralism, and how these historical changes have influenced the ongoing discussion about the UCC. To provide India some perspective, it also looks at other countries that have standardized their civil codes and assesses the successes and challenges they have faced. The research highlights the potential benefits of a UCC, such as promoting gender equality and simplifying the legal system, while also addressing the concerns of those who fear it could undermine religious and cultural rights. This paper offers a thorough analysis of the UCC’s possible effects on Indian society by looking at court rulings, legislative actions, and public opinions. The research also takes into account the legal and social initiatives taken to adopt a UCC as well as the challenges that have impeded its application. The results imply that although a UCC would aid in modernizing and national integration, its effective implementation would necessitate a careful balancing act between individual rights and cultural variety. This study adds to the larger conversation on legal reform in India by illuminating the challenges of establishing consistency in a multicultural society Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1061-1076. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

BUILDING DISPUTES: THE LEGALITY OF SELLING PARKING SPACES SEPARATELY IN INDIA Beradar Akash, Christ Academy Institute of Law Download Manuscript Franklin D. Roosevelt once said, “Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world. It emphasizes understanding the legal nuances of real estate and parking spaces, by protecting one’s investment.[1]  It would be relevant to pay attention to the existing legislation regarding parking spaces which plays a crucial role in protecting an investment in real estate. In overpopulated countries like India and its urban cities, parking spaces have become a huge concern, often leading to conflicts between builders, flat owners, gated communities, and housing societies. Here the question arises, can a builder legally sell the car parks separately from the units, in effect keeping ownership of the essentials? It has raised questions on the legal and ethical nature of these sales, especially concerning the homebuyers’ rights and ownership. However, the areas regarding power, protection, and accountability are still ambiguous and contestable in Indian law by passing certain legislation such as the RERA Act, 2016, and by different judicial decisions. This paper seeks to present a clear analysis of the legal position concerning the sale of parking spaces by builders. This will analyse the RERA Act, and MOFA and explore other enabling legislations as well as explore principal judicial decisions which played a pivotal part in the formation of laws. Overall, through these dimensions, it further tries to explain the rights of the homebuyers and the responsibilities of the builders to avoid any vague tendency regarding the property rights inclusive of parking areas. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1047-1060. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024