LIJDLR

Volume II Issue II

THE JOURNEY OF LEGALIZED PASSIVE EUTHANASIA IN INDIA

Volume II Issue II /

THE JOURNEY OF LEGALIZED PASSIVE EUTHANASIA IN INDIA Arpeeta Dash, Law Student At Symbiosis Law School, Nagpur. Download Manuscript ABSTRACT India is a quasi-federal and democratic country. A country which has rigid and written constitution. The constitution has different features and one such feature is that it provides different fundamental rights to a person. One such important fundamental right is Article 21 which states right to life and personal liberty. The article may seem to be short but its interpreted in wider sense through judicial interpretation and pronouncements. Right to life also includes right to live with dignity as well as right to die with dignity and right to die with dignity welcomes the legalized passive euthanasia to all the Indian citizens. Therefore, this article will provide the remarkable journey of legalized passive euthanasia in India. It will critically analyse the concept of euthanasia and will provide the different kinds of euthanasia. It will provide the evolutional journey of euthanasia from the year 1986 to year 2018. The evolutional journey will be cited by different cases as to how the concept of euthanasia was curbed and shaped by the Indian legal system. It will also explain the inter-relation between euthanasia and right to die with dignity and how the courts in India has interpreted both. It will try to differentiate between euthanasia and suicide and how the Indian society and medical fraternity reacts to it. It will also explain the concept of living will and how it is used in medical ethics. Lastly, it will try to explain as why right to die is excluded from Article 21 and what is the reaction of Indians towards euthanasia whether they are in favour of it or are against of it. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 463-474. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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NAVIGATING THE GST TERRAIN: IMPACT ON MSMES AND PATHWAYS TO MITIGATION

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NAVIGATING THE GST TERRAIN: IMPACT ON MSMES AND PATHWAYS TO MITIGATION Rakshak Tyagi, 3rd year BA LLB student at Army, Institute of Law, Mohali Alok Kumar, 3rd year BA LLB student at Army, Institute of Law, Mohali Download Manuscript ABSTRACT The Goods and Services Tax (GST) Act of 2017 aimed to revolutionize trade by consolidating 17 diverse taxes into a cohesive system with four tax slabs, marking a significant shift in India’s indirect tax regime. However, its journey witnessed nearly 2000 amendments in seven years, prompting concerns about stability and effectiveness. Challenges persist for Micro, Small, and Medium Enterprises (MSMEs), notably in GST registration, compliance burdens, and selection dilemmas between composition and regular tax regimes. These challenges exacerbate operational inefficiencies, particularly affecting small-scale businesses. Additionally, the lack of clarity in tax regulations and the reverse charge mechanism add to the burden, hindering business operations. Addressing these challenges requires simplifying the composition scheme, extending Input Tax Credit (ITC) benefits, and streamlining processes to foster smoother business operations under the GST regime. Efforts to enhance government systems can prevent minor mistakes from disrupting entities’ core operations. This paper provides valuable insights into the challenges faced by MSMEs under the GST regime and proposes solutions to alleviate their impact, making it essential reading for policymakers, business owners, and researchers seeking to understand and address the implications of GST implementation in India. The comprehensive analysis offered in this study serves as a roadmap for navigating the complexities of GST for MSMEs and underscores the importance of policy interventions urging policymakers to simplify GST compliance for MSMEs and offers researchers a framework to assess policy effectiveness, fostering informed decisions and further study. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 455-462. 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 BEAT: NAVIGATING TRADEMARKS IN MUSIC

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THE LEGAL BEAT: NAVIGATING TRADEMARKS IN MUSIC Bhuvaneswari. S, Ph.D. Scholar, Alliance University, Alliance School of Law, Bangalore. Download Manuscript ABSTRACT This article explores the importance and complexities of trademark law in the music industry, emphasising its crucial function in safeguarding the identities and brands of musicians, bands, and their related merchandise. Trademarks, encompassing names, logos, and slogans, offer vital safeguarding against unjust competition and counterfeit merchandise, guaranteeing clarity to consumers regarding the source of items. The study also investigates the difficulties and legal intricacies involved in registering non-traditional marks, such as sound markings, as well as the current issues in Indian trademark law in comparison to global standards. The conversation highlights the necessity for more explicit legislative structures to protect the artistic and financial interests of musicians. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 437-454. 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 PRESUMPTION OF LEGITIMACY IN THE LIGHT OF DNA EVIDENCE

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THE PRESUMPTION OF LEGITIMACY IN THE LIGHT OF DNA EVIDENCE Mr. Vijay Shekhar, Assistant Professor, Amity Law School, Ranchi, Amity University Jharkhand. Download Manuscript ABSTRACT A rule of “conclusive proof” is enshrined in Section 112 of the Act on the legitimacy of a child born either (1) while the mother of the kid is still married to a man or (2) if the child was born 280 days after the marriage ended and the mother is still single. “It can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten” is the only situation in which the criterion is not applicable. Nonetheless, technological advancements have enabled us to definitively establish a child’s paternity. Considering this, the current research article examines the employability of forensic and scientific evidence in relation to the relevant portion of the Act. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 429-436. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DISNEY RELIANCE: A STRATEGIC ALLIANCE

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DISNEY RELIANCE: A STRATEGIC ALLIANCE Rituparna Panda, Student at Birla Global University, Bhubaneswar Download Manuscript ABSTRACT This research paper mainly highlights the seismic shift within India’s entertainment sector led by non-other than billionaire Mukesh Ambani and Bob Iger, CEO of Disney. It mostly elaborates on the ambitious collaboration, between RIL’s media unit Viacom18 and the global media Walt Disney forming an unrivalled corporation which will be led by Nita Ambani and will be vice chaired by Uday Shankar. This paper also tries to draw attention towards the strategic collaborative efforts between Reliance Industry and Walt Disney that goes beyond the traditional business framework, defining a watershed event that not just recasts India’s consumption of content but also establishes a worldwide standard for operational synergy in the media and entertainment industries. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 417-428. 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 THE LEGAL AND ETHICAL DIMENSIONS OF INTERNATIONAL ADOPTION: A CASE STUDY OF INDIAN CHILDREN AND FOREIGN FAMILIES

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EXPLORING THE LEGAL AND ETHICAL DIMENSIONS OF INTERNATIONAL ADOPTION: A CASE STUDY OF INDIAN CHILDREN AND FOREIGN FAMILIES Anurupa Pal, Student at Techno India University. Download Manuscript ABSTRACT This legal study paper investigates the complex and numerous concerns involved in the cross-border adoption of Indian children by foreign families. Its goal is to examine the legal framework, challenges, conflicts, and protective measures associated with this activity. The article goes into the historical context of foreign adoption in India and summarises the relevant legislation and regulations that regulate the process. It digs into cultural, sociological, and ethical issues surrounding intercountry adoption, focusing on the child’s care and best interests. The responsibilities of Indian courts and government officials in facilitating these adoptions are examined, with emphasis on their obligations, steps, and oversight. Additionally, the research looks at the legal measures in place to protect the rights and interests of Indian children involved in foreign adoption. It investigates post-adoption monitoring and assistance techniques, emphasising the necessity of maintaining cultural identity and legacy. Through case studies and comparative analysis, the study provides a thorough knowledge of the intricacies of intercountry adoption in India. Based on this study, the article proposes legislative and policy reforms aimed at improving the welfare and protection of Indian children in intercountry adoption processes. This study contributes to the current literature on international adoption law and policy, offering beneficial findings for policymakers, legal practitioners, and researchers in child welfare and protection. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 403-416. 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: A HOLISTIC ANALYSIS

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UNIFORM CIVIL CODE: A HOLISTIC ANALYSIS Aman Tyagi, Student at UFYLC, Jaipur, Rajasthan Download Manuscript ABSTRACT The Uniform Civil Code (UCC) in India has been a subject of extensive debate and discussion since the country’s independence. The concept of a unified set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, irrespective of religion, has its roots in the Indian freedom struggle and the vision of a secular nation. This research paper delves into the historical background, legislative reforms, state-driven measures, and debates in the Constituent Assembly that shaped the discourse around the UCC. The paper examines landmark judgments by the Indian judiciary, which have played a major role in interpreting the constitutional provisions related to the UCC. The Law Commission of India’s recommendations and reports on the subject are also analysed, providing valuable insights into the legal and societal implications of implementing a uniform code. To provide a comprehensive understanding, the research paper undertakes a comparative analysis of similar initiatives in other countries, drawing parallels and contrasts with the Indian context. This international perspective offers a broader framework for evaluating the challenges and opportunities associated with implementing a UCC in a diverse and pluralistic society as India. Finally, the paper presents a conclusion that synthesizes the findings and offers a personal perspective on the feasibility, desirability, and potential consequences of introducing a Uniform Civil Code in India, considering the complex interplay of religious, cultural, and societal factors. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 386-402. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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PROBING THE PRACTICALITY OF UNIFORM CIVIL CODE IN INDIA

Volume II Issue II /

PROBING THE PRACTICALITY OF UNIFORM CIVIL CODE IN INDIA Masooma Naqvi, Student at Amity University, Uttar Pradesh Download Manuscript ABSTRACT Uniform Civil Code provides for bringing the entire country under one civil law. Although it was encoded in the Indian Constitution with the intention of fostering national integrity and unity, it remains a disputed upon topic in India. This paper delves into probing the actual practicality of enforcing the Uniform Civil Code in India. It examines the Uniform Civil Code Bill of 2019 and delves into the analysis of its provisions, aims and objectives.  Its objective is to understand whether it was actually needed and if it interferes with any of the Fundamental rights that are guaranteed to the citizens of India under part III of the Indian Constitution. The paper also seeks to comprehensively analyze the problems with the Uniform Civil Code and whether sticking to the status quo is a viable solution. The paper also seeks to delve into the complexities involved, and the political, legal and social aspects behind the implementation of Uniform Civil Code. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 375-385. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EFFECT ON MARRIAGE IN THE ADVENT OF LEGAL RECOGNITION OF LIVE IN RELATIONSHIP

Volume II Issue II /

EFFECT ON MARRIAGE IN THE ADVENT OF LEGAL RECOGNITION OF LIVE IN RELATIONSHIP M. Yesaswini Sai Nikitha, Student at Dr.B.R.Ambedkar College Of Law, Andhra University Download Manuscript ABSTRACT Marriage is an ancient sacred institution which is followed by the Indians as part of their own traditions and cultural beliefs. It has utmost importance and in all almost all the religions in India it is performed according to their own culture. This matrimonial institution regulates the relationship between a man and a woman and specifies their rights and duties. The concept of live in relationship is not an ancient practice that is been in India for ages. It is the relation in which a male and a female who are unmarried live under the same roof. This concept is one of the modern cultures that have been adopted from the foreign countries, especially originated in the western nations. This bond of live in relation has slowly evolved and being practised by many Indians. But it’s not completely accepted by the citizens of India as many of the families are with conservative attitude. It’s mostly found in urban cities but not largely observed across rural towns. If they are discovered also, mostly these kinds of associations are maintained in secrecy. So, the issue arises, whether these live in relations are legal or not. And if they are considered lawful what is the effect of these unmarried associations on the matrimonial institution. How the children’s rights and status, who are produced from the above said relation, can be determined and which law regulates the live in relation is the main query that arises. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 352-374. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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HATE SPEECH VS. FREEDOM OF EXPRESSION: STRIKING THE RIGHT BALANCE IN A DIVERSE SOCIETY

Volume II Issue II /

HATE SPEECH VS. FREEDOM OF EXPRESSION: STRIKING THE RIGHT BALANCE IN A DIVERSE SOCIETY Romika Narotra, Student at Amity University Noida Download Manuscript ABSTRACT This research paper delves into the complex lawful and moral situations encompassing hate speech in India, centring on the fragile balance between safeguarding free speech and combating discrimination. The paper starts by looking at the constitutional framework that ensures the right to freedom of speech and expression in India, compared with the basic to anticipate hate speech that prompts violence and separation. It dives into the authentic and sociopolitical setting that has formed the talk around hate speech in India, investigating the intersectionality of caste, religion, and ethnicity in fuelling unfair talk. The paper fundamentally analyses the existing legitimate instruments in India for tending to hate speech, including provisions beneath the Indian Penal Code and the Information Technology Act. It moreover assesses the effectiveness of these laws in controlling hate speech and holding culprits responsible. Moreover, the paper investigates the ethical contemplations characteristic in directing hate speech, such as the pressure between protecting marginalized communities and maintaining the standards of free speech. Drawing on case thinks about and comparative analyses, the paper offers insights into potential changes and approach suggestions to explore this legal and moral minefield. It advocates for a nuanced approach that maintains free speech whereas heartily combating hate speech through focused on legislation and proactive requirement mechanisms. Eventually, the paper looks for to contribute to the progressing talk on hate speech in India and offer a roadmap for safeguarding free speech whereas promoting a more inclusive and equitable society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 341-351. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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