LIJDLR

Volume II Issue II

VERACITY OF LIVE IN RELATIONSHIP IN INDIA

Volume II Issue II /

VERACITY OF LIVE IN RELATIONSHIP IN INDIA Kamaljeet Kaur, Student at University Five Year Law College, University Of Rajasthan, Jaipur Download Manuscript ABSTRACT As the Article 21 of the Indian Constitution says “No person shall be deprived of his life or personal liberty except according to procedure established by law.”1  After the landmark judgement of Apex court in Navtej Singh Johar vs Union Of India  case  Article 21 also includes in its ambit the right to live with the partner of your choice.  Starting to Study  with the Historical Perspectives of marriages and live in relationships in India it can be concluded that despite of not having any specific legislations, the rulings of the Hon’ble Apex Court and The High[1] court stands as a milestone and ruling to protect and provide rights to live in relationship cohabiting couples. Furthermore the live in relationship is not only circumscribed in the definition of cohabitation of two hetero or homosexual persons being legally married but there can be many reasons for which this relationship starts. This can include examining compatibility, division of expenses, financial independence, checking the dispute resolution, emotional support   and many more according to the needs before formalizing this relationship into a legal marriage. Central to this paper is the legal and constitutional frameworks ranging from rights, precedents to legislations for resolving the disputes arousing with the passing time and increasing trend and protection of woman especially who are then neglected by society. The legislations include the Domestic Violence Act (2005), alimony, financial and property laws. Later on there comes speed breakers (challenges and concerns) that are need to be resolved. By drawing insights from worldwide and comparing the legislations of India with other countries like Brazil, France, USA, New York, Scandinavian countries valuable perspectives on alternative approaches to regulating and recognizing live-in relationships can be concluded. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 293-309. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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A SOCIO-LEGAL ANALYSIS OF CONSTITUTIONAL SAFEGUARDS FOR TRIBAL EMPOWERMENT IN INDIA: CHALLENGES, PROGRESS, AND POLICY RECOMMENDATIONS

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A SOCIO-LEGAL ANALYSIS OF CONSTITUTIONAL SAFEGUARDS FOR TRIBAL EMPOWERMENT IN INDIA: CHALLENGES, PROGRESS, AND POLICY RECOMMENDATIONS Rutvij Vyas, Student at Faculty of Law, GLS University Download Manuscript ABSTRACT This research paper delves into the issue of tribal rights with its background, its constitutional provisions, recent Socio-economic and political changes in tribal society, the background, functions and powers of the National Commission for Scheduled tribes, the issues faced by the tribal society in many areas such as healthcare, education, legal aid, finances. etc, and the research paper provides with a 16 point policy suggestions to uplift and empower tribal society in India. Overall the paper deals with the main theme of Constitutional safeguards for tribal rights and in furtherance it is related to socio- economic aspects of the issues faced by scheduled tribes and their solutions in the form of policy measures. “If there is someone who saved the forests it is our tribal community. Saving forests is a part of tribal Culture”- Narendra Modi, at the National tribal carnival on 25th October 2018 Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 271-292. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW

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JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW Naveena K, Student at Chettinad School Of Law,Chennai Download Manuscript ABSTRACT This legal research paper, which focuses specifically on India, gives an outline of judicial review and how it affects constitutional interpretation. A key component of the Indian Constitution, judicial review is essential to the functioning of the political system. The purpose of the paper is to look at how judicial review and constitutional change are related. It also looks at how judicial review has historically developed in various constitutional systems, looks at case studies that show how judicial review affects constitutional interpretation, and evaluates how it affects the balance of power between the three branches of government. The primary research approach utilized is doctrinal in nature, involving an examination of legal provisions, case laws, and academic literature. The study comes to the conclusion that judicial review has a big impact on how the constitution is interpreted and that it can eventually change how constitutional ideas are understood and applied. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 260-270. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ISSUES RELATING TO THE COPYRIGHT : AN OVERVIEW

Volume II Issue II /

ISSUES RELATING TO THE COPYRIGHT : AN OVERVIEW Sangamithirai. V, student at Chettinad School of Law Download Manuscript ABSTRACT Under the Indian law copyright related issues provide a variety of difficulties and complexity. An outline of these problems and possible fixes is given in this abstract. This research paper discusses about the history and evolution of copyright ,Term period of copyright and the issues relating to the copyright. The Enforcement and piracy, fair use and exceptions ,orphan works, licensing, and collective management, digital rights management, technical protection measures and international harmonization are the main topics of conferencing enforcement procedures, making fair use clauses ,having a clear framework for the orphan works helps to strengthen the copyright. Copyright is facing unprecedented problems on the digital era where the material can be freely shared and replicated with a single click. The development of the technology and the fast growing of the internet and the online platforms has completely changed that how creative works are produced, shared and consumed. The developments have opened up new avenues for the artists to reach the worldwide audience but also at the same time it have led to complicated copyright problems including illegal sharing, piracy and the challenge of enforcing copyright laws internationally. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 251-259. 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 POWER OF NEGOTIATION: HARNESSING EFFECTIVE STRATEGIES FOR CONFLICT RESOLUTION

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THE POWER OF NEGOTIATION: HARNESSING EFFECTIVE STRATEGIES FOR CONFLICT RESOLUTION Pooja, Rayat College of Law, Railmajra affiliated to Panjab University, Chandigarh. Download Manuscript ABSTRACT In our society, there is an infamous line, “If there is a blessing of the god then we people never need to visit any Advocate and Doctor in our life until and unless they are practising in this field”. Now, this statement reveals the mental aspects of our society such as the Multiplicity of cases in the Courts,  Delay in Case Resolution, Not a sufficient mechanism for Alternative Dispute Resolution as it is only limited to the text in the Indian legal system, Costly Litigants fees, Difficult to understand their case proceedings and improper Case Management from the side of the subordinate courts and Advocates because of these negative factors people resist to go before the court or exhausted to fight in their case till the end. There are various data where we can see that there is an increase in the numbers of case filing, people are becoming aware of their rights, People raise their voices against the injustice and facilities provided by the indigenous person to file their lawsuits and so on which is easily available on the various official websites of the different news channels. Unfortunately, Reality is far worse than this sort of data because the major loophole in the procedure of our legal system is that the law only favours the people who have huge amounts of money to hire and afford the best Advocate. After all, there is a market for the advocates who never say no to taking any case even if they don’t have any experience like how to deal with such cases even once or lightly handle the matter or they are just found to earn some money by rendering poor services which waste time and hard-earned money of the people. Due to their own and nearby relatives, neighbours, and friends’ experiences, it is the better way to leave the matter or if any chance in the negotiation still exists then they would like to try their luck in it rather than go in those ways where there is not any end point of their journey. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 236-250. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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TELECOMMUNICATION ACT IN CONTRAST WITH FUNDAMENTAL RIGHTS OF THE INDIVIDUALS: A CRITICAL ANALYSIS OF THE ACT

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TELECOMMUNICATION ACT IN CONTRAST WITH FUNDAMENTAL RIGHTS OF THE INDIVIDUALS: A CRITICAL ANALYSIS OF THE ACT Rishita Khare, 5th Year student at Rani Durgavati Vishwavidyalaya, Jabalpur Download Manuscript ABSTRACT The Telecommunications Act of 2023, passed by the Parliament, replaces older telecom laws to simplify the regulatory framework. It consolidates laws related to telecommunication services and networks and is considered to bring significant renovation in the telecom laws. The key provisions include the interception of telecommunications under Section 20(2), biometric user verification under Section 3(7), and extensive powers for suspending telecommunication services under Section 20(2)(b). This allows the introduction of provisions for interception, biometric identification, and internet suspension, raising concerns about privacy rights and arbitrary use of government powers. The concerns also include dilution of procedural safeguards, biometric identification’s impact on anonymity and internet suspension lacking clear guidelines and potentially infringing on freedom of expression. The Act, therefore, requires a thorough review to address these concerns and ensure a balanced approach in line with constitutional mandates. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 226-235. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES

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DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES Lakshay Gupta, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Shaivi Agnihotri, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Download Manuscript ABSTRACT Caste and religious decals on cars have drawn a lot of attention, particularly considering the Uttar Pradesh police’s recent enforcement campaign against them. Numerous court rulings and orders have emphasised the ban on these decals, highlighting issues with social harmony and public order. Nonetheless, objections to these prohibitions have been made, pointing out that the Indian Constitution’s fundamental rights have been violated. Three fundamental rights—Article 14 (Equality before the law), Article 19 (Freedom of speech and expression), and Article 21 (Protection of life and personal liberty)—intersect with the ban on caste and religious decals. Since Article 14 guarantees equality and the protection of the law, banning these decals might be unfair and discriminatory. It is implied that prohibiting these decals may limit expression, association, and identity assertion whereas, Article 19 protects the freedoms of speech, association, and movement. The protection of the right to life and liberty, which includes autonomy and dignity, is provided by Article 21. This right may be jeopardised by restricting speech and upholding discrimination. These prohibitions are still in effect despite legal challenges, and violations are subject to fines under certain provisions of the Motor Vehicle Act. But since the Act doesn’t specifically forbid caste or religious decals, it’s unclear whether the fines levied for their display are justified. Furthermore, the Act usually permits small modifications, such as stickers, provided they don’t change the fundamental design of the vehicles. The prohibitions on religious and caste decals seek to address social issues, but to be justified as constitutional, they must pass the reasonableness test. Navigating this complicated issue requires striking a balance between societal interests and individual freedoms to protect both that is our fundamental rights and advance inclusivity and social harmony. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 215-225. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EVOLVING NORMS OF GOVERNMENT RECOGNITION: THE CASE OF THE TALIBAN IN AFGHANISTAN

Volume II Issue II /

EVOLVING NORMS OF GOVERNMENT RECOGNITION: THE CASE OF THE TALIBAN IN AFGHANISTAN Gaurav Bohara, Third year student pursuing BBA LLB (Hons.) at Jindal Global Law School. Download Manuscript ABSTRACT This paper examines the evolving landscape of government recognition in international law. Traditionally based on effectiveness, contemporary trends suggest emerging criteria, including gender equality, counter-terrorism efforts, and inclusive governance. The Taliban regime in Afghanistan, with its gender-based discrimination and ties to terrorism, serves as a case study. The international community’s near-unanimous refusal to recognize the Taliban highlights a potential shift towards non-recognition in cases of severe human rights abuses. The paper analyses the legal implications and explores the possibility of conditional recognition as a tool to incentivize compliance with international norms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 208-214. 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 INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN

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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

Volume II Issue II /

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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