LIJDLR

Volume II Issue II

MARRIAGE EQUALITY: THE TRIUMPH OF SAME-SEX MARRIAGE

Volume II Issue II /

MARRIAGE EQUALITY: THE TRIUMPH OF SAME-SEX MARRIAGE Uddeshya Dhakad, B.A., LL.B. (Hons.), V Semester, University Five Year Law College, University of Rajasthan, Jaipur. Nitin Kumar, B.A., LL.B. (Hons.), V Semester, University Five Year Law College, University of Rajasthan, Jaipur. Download Manuscript Ancient scriptures and changing social mores form the foundation of India’s complicated history of the fight for marriage equality. Despite progress in LGBTQ+ rights around the world, India has encountered formidable societal and legal obstacles. It would appear that ancient Indian society was more accepting of same-sex relationships, but homosexuality was criminalized in post-colonial regulations, particularly Section 377 of the Indian Penal Code. The Supreme Court of India struck a major victory for LGBTQ+ rights in 2018 by repealing this law. Still, same-sex weddings are not permitted in India, no matter how far the country has come. The continuous fight for marriage equality is reflected in the current Judgment of the SC, which rejected the legalization of same-sex marriages. Although it does not go far enough, the court has proposed establishing a group to examine expanding legal protections for same-sex couples. As a result of the decision’s uncertainty and continuation of discrimination, campaigners and LGBTQ+ individuals are disappointed. Attitudes towards homosexuality in India have been impacted by cultural and religious factors. Equal rights and elimination of discrimination grounded on “sexual orientation” can only be achieved through the legal acceptance of same-sex marriage. Justice, equality, and the value of each person’s independence and freedom are all tenets of the Constitution, and this measure complies with them. There are several legal, cultural, and historical obstacles in India’s way to marital equality. Even though we have come a long way, like when homosexuality was decriminalized, the struggle for equal marriage rights is far from over. In order to achieve genuine equality and ensure that LGBTQ+ individuals can live with respect and dignity, there must be legislative reforms and public acceptance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 795-823. 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 IMPACT OF CLIMATE CHANGE ON INDIGENOUS COMMUNITIES AND THE SIGNIFICANCE OF THEIR TRADITIONAL KNOWLEDGE IN CONSERVING ENVIRONMENT

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THE IMPACT OF CLIMATE CHANGE ON INDIGENOUS COMMUNITIES AND THE SIGNIFICANCE OF THEIR TRADITIONAL KNOWLEDGE IN CONSERVING ENVIRONMENT Kavya Shukla, Student at the Rajiv Gandhi National University of Law, Punjab Download Manuscript This paper sheds light on the plight of indigenous communities as victims of climate change whose concerns have been institutionally sidelined and paid disregard by both the governmental and non-governmental bodies. The knowledge of the indigenous communities that has been garnered by them through centuries of experience and seasonal survival strategies shall be helpful in adapting and mitigating climate change, however, owing to our obsession with the modern and scientific methods, such traditional ecological knowledge is not paid due regard hence acting as retarding force in our collective development. The paper further enlightens regarding the intricate connection of indigenous communities and environment and how reciprocity exists between healthy environment and these people. The paper elucidates the injustice being meted out to these communities and seeks to enforce restorative justice through governmental measures. The paper attempts to sensitise the conscience regarding the sufferings of indigenous communities owing to disproportionate burden being placed on them despite contributing least to the adverse climatic changes. These communities have been forced to relocate and adapt to new changes in lifestyle which impacts their health and development. These communities share a spiritual bond with their lands and struggle to survive in the world of redrawn boundaries where these communities have been dislocated either regionally or nationally. The persecution faced by these people is a relic of historical colonization and contemporary capitalistic developments across the globe. This builds a strong case for indigenous communities to come forward and voice their concerns regarding the injustice faced by them. Restorative justice is the need of the hour to correct testimonial and environmental injustice. The paper elucidates the role played by Indian judiciary in safeguarding their rights while highlighting the significance of adaption and restoration. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 769-794. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EXTENDED CUSTODY, ERODED RIGHTS? – EXAMINING THE PROVISIONS OF POLICE CUSTODY UNDER BNSS, 2023

Volume II Issue II /

EXTENDED CUSTODY, ERODED RIGHTS? – EXAMINING THE PROVISIONS OF POLICE CUSTODY UNDER BNSS, 2023 Sulesh Choudhary, Student at University Five Year Law College, University of Rajasthan, Rajasthan, Jaipur Download Manuscript Reforming the established laws over time is a common societal norm every progressive society adopts. The evolution of laws over time is an important factor in determining the democratic outlook and framework adopted by that nation. Criminal laws have undergone several changes with time to adjust to the changing needs for effective laws for sustaining law and order. Criminal Procedure Code,1973, provides the procedure when the investigation cannot be completed within the initial twenty-four hours of the detaining of the accused by the police. Bharatiya Nagarik Suraksha Sanhita,2023 replaced the Criminal Code of 1973 with effect from July 1st, 2024. The provisions of police custody were altered to increase the duration of time in which a police officer can seek custody. The changes drew an alarming response as the provisions sought to visibly empower the police with extensive power to detain a person for investigation. It opened a Pandora’s box creating uncertainties for the future of the rights of the detained person. Globally, the pre-trial detention period is very low, which resonates with the fact that a prolonged duration of custody cannot be viable per se merely because it will ease the process of investigation to a great extent. Somewhere, there has to be a balance between the law and the fundamental human rights of the detained persons. The provisions could have been applied in a more efficacious manner, for instance making the provisions regulatory for only non-cognizable offenses to ease the investigation and more effective redressal of such cases. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 752-768. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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HORIZONTAL AGREEMENTS AND THREATS TO COMPETITION IN THE TELECOM SECTOR IN INDIA

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HORIZONTAL AGREEMENTS AND THREATS TO COMPETITION IN THE TELECOM SECTOR IN INDIA Devi Prasad Mishra, BBA, LL.B., Lajpat Rai Law College, (University College of Sambalpur University) Pratyush Mahapatra, BBA, LL.B., Lajpat Rai Law College, (University College of Sambalpur University) Download Manuscript The economic development of India is one of the many things that have depended heavily on the telecom sector, but it is also a fragile area as far as anti-competitive practices are concerned. Horizontal agreements among competitors can be reduced by price-fixing, bid-rigging, and market allocation, resulting in possible output restrictions. This research paper provides an exhaustive evaluation of the effects that these horizontal agreements have on competition within India’s telecom industry. The main purpose is to identify specific instances of anti-competitiveness, assess their impact on consumers and industry, and suggest measures to combat them. According to the core hypothesis of this study, competition in the telecommunications industry gets affected adversely by horizontal agreements such as cartels and price fixing, which ultimately lead to high prices, decreased customer choice, and market distortions. Doctrinal methodology will be used in this research, which involves looking at various materials, such as statutory laws and existing journals, using secondary sources like commentaries and committee reports, among others. It involves a detailed review of the Competition Act 2002 and the Telecom Regulatory Authority of India (TRAI) Act 1997, with a focus on different cases, including United States v. L. Cohen Grocery Co., Builders Association vs. Cement Manufacturer Association, and BSNL vs. TRAI. For instance, in the past they have been declared illegal as a horizontal agreement. The work also identifies notable anticompetitive practices common in the telecommunications industry, such as price fixing, bid rigging, market sharing, and output restrictions. The departure of any one among Jio, Airtel, and Vodafone-Idea, who have 88.4% market share, could result in a duopoly, which would raise serious concerns. The study examines regulatory frameworks applied by the Competition Commission of India (CCI) and TRAI, which acknowledge that there is a need for cooperative frameworks to deal with anticompetitive practices. It proposes that transparency should be increased; predatory pricing should be made illegal, while regulatory authorities should seek synergy amongst themselves in order to ensure fairness in competition. Joint efforts by CCI as well as TRAI can help create coordinated policies capable of barring anticompetitive threats, leading to an improved business setting within this field too. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 737-751. 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 BHARATIYA NYAYA SANHITA 2023: A TRANSFORMATIVE SHIFT IN INDIA’S LEGAL LANDSCAPE

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THE BHARATIYA NYAYA SANHITA 2023: A TRANSFORMATIVE SHIFT IN INDIA’S LEGAL LANDSCAPE Divyanshi Rathour, City Law College, Jankipuram affiliated to Lucknow University Download Manuscript The BNS 2023 stands out in the evolution of the Indian law in terms of the imposed scheme of its legal thought. Therefore, the present paper mainly concentrates on the BNS in order to point out the pertinent concept and its impact on the Indian legal system.Data analysis to address next research question is about the way in which the BNS might affect several stakeholders in a legal perspective. The role of the judges and the judiciary, the legal profession of the lawyers, the parties involved in any given suit or cause, and the rest of the society’s members as well as business institutions and industries will not be left out. In the same regard, the paper then dwells on some of the concerns that this study may have in respect to the proposed Bhartiya Nyaya Sanhita (BNS) and the pros that may accrue from it. This encompasses details concerning aggression and the training agenda as well as any hindrances that may be evident once the alteration is being enacted. On the positive streak, this paper also holds out the legal prospects of the BNS for ‘opening up’ access to justice, enhancing the output of the legal system, and its efficiency. Last of all, the present research paper offers a methodical analysis of the Bharatiya Nyaya Sanhita 2023. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 709-736. 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 EVOLUTION OF INDIA’S PLANNING FRAMEWORK :A STUDY OF NITI AAYOG

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THE EVOLUTION OF INDIA’S PLANNING FRAMEWORK :A STUDY OF NITI AAYOG Charumathi T, Student at School Of Excellence In Law (TNDALU) A.Fennin Princiya, Student at School Of Excellence In Law (TNDALU) Download Manuscript As Prime Minister Narendra Modi so eloquently put it, ” A major institutional reform is the move away from merely planning, to transforming India. The setting up of NITI Aayog, is a step in this direction.[1]The essence of the revolution that NITI Aayog represents is emphasized in this quote. Not only is the name being changed, but the entire approach to governance is being rethought with the goal of promoting cooperative federalism and sustainable development. This paper examines how economic planning and policy have changed in India, with a particular emphasis on the change from the Planning Commission to the NITI Aayog. It explores the structural and compositional elements of NITI Aayog after providing an introduction and historical background. We look at the responsibilities and roles of NITI Aayog and the Planning Commission to see how they each affect Indian governance. The creation of NITI Aayog and the Planning Commission’s subsequent dissolution signaled a dramatic change in how policies were developed. Understanding the differences between these two organizations is essential to comprehending how they view cooperative federalism and how it affects society. Discussions of both institutions’ criticisms offer a fair-minded viewpoint. The results are summed up in the conclusion, which also considers the wider ramifications for India’s future economic strategy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 686-708. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LOST INNOCENCE: EXPLORING THE ROOTS OF VIOLENCE AGAINST CHILDREN

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LOST INNOCENCE: EXPLORING THE ROOTS OF VIOLENCE AGAINST CHILDREN Swathika Kadieswaran, 3rd YEAR B.A.LL.B (Hons), THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW. Download Manuscript The future of any nation hinges on its youth, as Nelson Mandela once said. Children represent the seeds of tomorrow, requiring nurturing and protection to flourish. Sadly, many face a myriad of violent threats, from within their homes to their wider environments, including maltreatment, bullying, and exploitation. This global issue not only harms their physical and emotional well-being but also violates their fundamental rights. Despite legal frameworks in place, the prevalence of such violence persists, especially affecting vulnerable groups like girls. Addressing root causes such as poverty and trauma is crucial to building a safer society for all children. This paper seeks to examine the complexities of violence against children, its causes, and far-reaching consequences. It advocates for comprehensive efforts including robust legal measures, effective child protection systems, awareness-raising, education, and accessible support services. By creating a nurturing environment free from violence, we can empower children to pursue their future endeavours without fear. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 674-685. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ARBITRATION: A STREAMLINED ALTERNATIVE TO COURT LITIGATION

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ARBITRATION: A STREAMLINED ALTERNATIVE TO COURT LITIGATION Sumit Kumar, B.A.LL.B/5th/ 9th Student. Download Manuscript Arbitration has emerged as a pivotal alternative to traditional court litigation, offering a more efficient, flexible, and confidential method for resolving disputes. This article explores the arbitration process, focusing on its key features, advantages, and the relevant legal framework in India. Central to this framework is the Arbitration and Conciliation Act, 1996, which aligns with international standards and provides a structured approach to both domestic and international arbitration. Recent amendments, including those introduced by the Arbitration and Conciliation (Amendment) Acts of 2015, 2019, and 2021, have further enhanced the efficiency and credibility of arbitration in India by introducing fast-track procedures, establishing the Arbitration Council of India, and updating the standards for arbitrators. The article also examines related laws such as the Indian Contract Act, 1872, and the Insolvency and Bankruptcy Code, 2016, which complement and support the arbitration process. Key features of arbitration include its voluntariness, neutrality, flexibility, and confidentiality, making it an attractive option for resolving various types of disputes, from commercial conflicts to international investment disputes. Additionally, the article addresses emerging trends in arbitration, such as the integration of technology and the push for greater transparency, which are shaping the future of dispute resolution. Overall, arbitration offers a streamlined, effective alternative to court litigation, catering to the evolving needs of global and domestic stakeholders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 655-673. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GREEN TAXONOMY: INDIA’S NEED OF AN HOUR

Volume II Issue II /

GREEN TAXONOMY: INDIA’S NEED OF AN HOUR Kinjal Suchak, BBA-LLB, 5th year, 9th semester, Student at ICFAI Law School, IFHE, Hyderabad Download Manuscript One of the concerns in the fast-growing economies worldwide is about meeting sustainable development goals without compromising business growth. In today’s corporate world, sustainability is a necessary concept, and it requires the attention of both individuals and corporations. Green taxonomy is the key framework to help investors make informed investment decisions for contributing to the company’s social responsibility, i.e., green financing. This paper aims to address the importance of developing regulations to maneuver in reaching our sustainable development goals and reducing the impact of emissions on the planet. It is navigating through the understanding of green taxonomy, the developments made by other countries, and India’s stand on it, highlighting the steps taken by the financial regulators in the Indian economy. The green taxonomy would not just provide a mechanism to tackle greenwashing but also many other climate concerns that are not yet identified and addressed by our nation. The paper gives an overview of the European Union legislation on sustainable activities. Various other countries have also framed a systematic regulation to deal with green investments while some are in the process of making one. This paper suggests that Indian policymakers need to shift their focus on developing a green taxonomy, a precise framework addressing all the needs of green finance world which in turn would lead to a holistic approach towards climate change, help economies to ensure proper utilization of funds in sustainable activities and reach our lower carbon emissions goals and shifting towards a greener economy on international level. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 639-654. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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REDEFINING FUTURES: CRIMINOLOGICAL AND LEGAL APPROACHES TO JUVENILE DELINQUENT REHABILITATION

Volume II Issue II /

REDEFINING FUTURES: CRIMINOLOGICAL AND LEGAL APPROACHES TO JUVENILE DELINQUENT REHABILITATION Download Manuscript Bidisha Kole, B.A.LL. B (Calcutta University); LL.M in Corporate Law from Bankura University and now working as a practicing Advocate in C.M.M. Court at Calcutta. Juvenile delinquency presents a complex challenge with widespread implications for societies worldwide. In India, as in many other countries, complex interplay of social, economic, & cultural factors contributes to occurrence & persistence of juvenile delinquency. Drawing upon a comprehensive review of literature, highlights the significance of understanding the behavioral characteristics and underlying causes of delinquency, emphasizing the need for early identification and intervention to prevent recidivism. The paper critically evaluates the efficacy of existing legal frameworks and institutional mechanisms in rehabilitating juvenile offenders, identifying gaps and proposing strategies for improvement. Moreover, the paper underscores the importance of preventive strategies and community-based interventions in addressing key issues of juvenile delinquency. Key findings reveal that comprehensive community-based programs, including vocational training and family counselling, significantly reduce recidivism rates. Additionally, investment in mental health services is crucial for addressing underlying psychological issues among juvenile offenders. This study contributes to a deeper insight of juvenile delinquency & rehabilitation practices in India, offering some insights for policymakers, practitioners, & researchers seeking to promote effective juvenile justice reform and improve outcomes for vulnerable youth. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 620-638. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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