Volume II Issue II

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

PRIORITIZE WOMEN SAFETY THAN PATRIARCHAL MEN Affra Mohamed Mubarak, Government Law College, Tiruchirappalli Download Manuscript India gained its independence in 1947 and adopted the constitution in 1949. The preamble of the constitution states equality, and the Indian constitution under Articles 14 and 51-A allows the state to form special laws for protecting women and respecting women. The NCRB has issued a stating that there is rape reported every 15 minutes in the country there are laws that are made to protect women against violation. Women suffer domestic violence, dowry death, sexual harassment in the workplace and brutally raped. The schemes have been made to protect women in their workplace and outside their houses like emergency numbers and Nirbhaya funds these schemes are made by both central and state governments for violations against women and girl children. Sections 375 and 376 of the Indian Penal Code of 1890 define rape and punishments for rape. There are numerous case laws have given guidelines to protect women in the workplace like the Vishaka guideline and the Sakshi guideline. The Nirbhaya case made the whole of India turn toward judgment and justice. In 2024, the Kolkata case made an understanding of women’s safety in the medical field hospitals, and universities. Women are not safe in any place proper precaution needs to be taken by the government to protect women. Women shouldn’t be physically abused and sexual assault toward women will be punishable. Sexual intercourse can be done only with consent without consent will be a violation. Further, age for consent and marital rape has been discussed in detail in this paper. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1035-1046. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

ASSESSING CONSIDERATION AS THE SOLE DETERMINANT OF CONTRACTUAL INTENTION: A CRITICAL ANALYSIS OF LEGAL PRINCIPLES Bhavya Rathore, University of Rajasthan Download Manuscript Judges, practitioners, and academics of contract law have all engaged in passionate debate and discussion over the need for consideration in contractual disputes. Common law Academics have argued time and again that consideration should be eliminated since it cannot be considered a fundamental component of contract law. Given that consideration’s place in Indian law is the same as it is in common law, this debate is also well-known in the field of Indian contract law jurisprudence. The prevalent understanding of consideration in Indian contract law has been questioned[1]. There is a contention that the definition of consideration found in the Indian Contract Act, 1872, deviates from the common law’s conventional understanding of consideration, which is something that can be valued objectively and encompasses promises that are subjectively expressed. This research aims to demonstrate that subjectively expressed commitments were not intended to be covered by the Indian Contract Act. Its ongoing existence has also been explained by the fact that it fosters a particular and different type of connection between the parties to an agreement. Some believe that consideration is the sole element for determining the enforceability of a contract while others, due to its vague nature, have many a times criticized it. This legal research paper shall highlight the historical evolution of the concept of Consideration in common law and Indian law along with the debates on the requirement of Consideration while determining the Contractual intentions with criticism and justifications by various contract scholars. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1024-1034. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

Women and Personal laws: A need for Uniform Civil Code AYUSHI BRAL, The Law School, University of Jammu Download Manuscript Although the Supreme Court and the Constitution of India provide for gender equality and gender justice, women still face so many injustices and inequalities throughout their lives. Different personal laws are used by various religions in India. The position of women under various personal laws is not favorable. They are subject to many forms of violence and discrimination such as dowry death, female infanticide, sexual crimes such as rape, modesty-related violence, and domestic violence. They faced oppression at home, at their workplaces, and in society. Religion has a significant place in a country like India but before religion, we all are human beings. From the ancient period, the women were considered as the men’s property. They were not considered as equal to men. They have no say of their own and must follow their husband in each aspect of their lives. There was a patriarchal society, and women had no sexual or economic freedom. As Manu stated from the very beginning of their life, women depend on someone. In childhood, she depended on her father after that she depended on her husband in youth, and later during old age she depended on her child. Thus, she is not free at all. Women were not provided any autonomy and were always considered inferior creatures. Similar was the condition of the Muslim women. They have no legal status of their own before the advent of Islam. Even after the advent of Islam, the position of women was not that much improved. They were provided with legal status but were only considered inferior to males. As far as divorce is concerned husband can give a divorce to his wife by only saying “You’re divorced.” There is also one of the awful practices under Muslim law is nikah halala which is also known as tahleel marriage in which after being divorced by triple talaq, she must marry and sleep with someone else and get divorced again to be able to remarry her first husband. Thus, this cruelty against women was there from the very beginning. The same is the status of women in other personal laws too. Therefore, a uniform civil code is required to provide gender justice not only to women of a particular religion but to all women irrespective of their religion. This research endeavour strives to comprehensively study the inequalities under various personal laws, the legal position of uniform civil code, challenges in implementing uniform civil code, and comparison of different personal laws. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1000-1023. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

Safeguarding India’s Traditional Knowledge and Folklore: An Analysis of IPR Challenges, Case Studies and Legal Frameworks Shraddha Patil, DES’s Shri Navalmal Firodia Law College, Pune Download Manuscript This research highlights the challenges of applying IPR laws to protect TK and folklore in India. This includes assessing current laws, and protection mechanisms against biopiracy and other threats. The research method used is doctrinal legal research methodology as it uses legal sources, statutes, case laws etc as primary and secondary resources. Frameworks and protection mechanisms present in other countries are compared to those of India. The study finds several challenges in the protection of TK and folklore, the gaps in the current framework of TK and folklore protection in India, and also provides solutions like the introduction of sui generis systems. According to research, it is necessary to adopt a holistic approach to safeguard TK and folklore in India. That is to say, reinforcing domestic regulations, devising sui generis schemes fit for the Indigenous communities, and joining the global initiatives to create a coherent global system. The analysis puts forward a mixture of legislative reforms, local initiatives, and global collaboration to ensure their sustainable protection. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 980-999. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024