LIJDLR

Volume II Issue III

BARS AND BOUNDARIES: A CRITICAL ASSESSMENT OF INDIAN PRISONERS’ RIGHTS IN LIGHT OF GLOBAL LEGAL FRAMEWORKS

Volume II Issue III /

BARS AND BOUNDARIES: A CRITICAL ASSESSMENT OF INDIAN PRISONERS’ RIGHTS IN LIGHT OF GLOBAL LEGAL FRAMEWORKS Asna Aslam, 4th year law student at Hamdard institute of legal studies and research (HILSR), School of Law, Jamia Hamdard, New Delhi. Tanzia Ahmad, 4th year law student at Hamdard institute of legal studies and research (HILSR), School of Law, Jamia Hamdard, New Delhi. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.39 This paper examines the state of prisoners’ rights in India, highlighting the disparity between legal frameworks and their implementation. Despite constitutional protections and international obligations, such as the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the International Covenant on Civil and Political Rights (ICCPR), Indian prisons face systemic issues including overcrowding, prolonged pre-trial detentions, inadequate healthcare, and caste-based discrimination. With undertrial prisoners constituting over 64% of the prison population, delays in judicial processes and financial barriers to bail result in significant violations of their rights to liberty and fair trial. Comparing India’s prison system with those of Germany, Norway, and the Netherlands reveals stark contrasts. Germany emphasizes rehabilitation and normalcy, offering personalized prison plans and vocational training. Norway prioritizes maintaining inmates’ social bonds and dignity, resulting in one of the world’s lowest recidivism rates. The Netherlands, with its minimal prison population, focuses on alternative sentencing, electronic tagging, and comprehensive mental health support. These systems underscore the benefits of humane treatment and rehabilitation in reducing recidivism and fostering reintegration. India’s reliance on punitive measures and its failure to provide humane living conditions underscore the urgent need for reforms. Addressing infrastructure deficiencies, enhancing access to legal aid, and prioritizing rehabilitation are essential to align India’s prison system with human rights standards and ensure the fair treatment of all prisoners. This study emphasizes that lessons from international models could guide India toward a more just and effective penal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 664-706. 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 REASON BEHIND UNREPORTED HATE CRIMES

Volume II Issue III /

EXPLORING THE REASON BEHIND UNREPORTED HATE CRIMES Beauty Ilayira, BALLB, 7th Semester Student. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.38 Hate crimes in India are increasingly recognized as a critical social problem, including acts of violence or discrimination based on religion, caste, ethnicity and regional identity. These crimes are usually motivated by prejudice, often fueled by divisive political discourse, cultural prejudices and socio-economic inequalities. Religious minorities, especially Muslims, Dalits (historically marginalized communities) and immigrants, face increased risks of victimization. The incidence of hate crimes has increased over the past decade, often exacerbated by community tensions and changes in political frameworks, such as those affecting regional citizenship and residency laws.  The legal framework for combating hate crimes In India remains fragmented, with the Indian Penal Code (IPC) providing limited scope for prosecuting hate crimes. While there are provisions to address communal violence and religious hostility, there is no specific legislation on hate crimes, making it difficult to consistently address the underlying prejudices that motivate these actions. The implementation of existing laws is often inconsistent, influenced by regional political climates and hampered by slow legal procedures. Media coverage of hate crimes is also polarizing, with some media outlets highlighting these incidents while others downplay or ignore them, depending on political leanings. This variability in representation affects public awareness and response, often leading to a cycle of fear, anger and further division. Tackling hate crimes in India requires a multifaceted approach, including legal reforms, public education about tolerance and diversity, and institutional accountability to ensure the protection of vulnerable groups and uphold the country’s secular ideals. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 647-663. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ARTICLE 19: A CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA

Volume II Issue III /

ARTICLE 19: A CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA Mayank Upadhyay, 3rd semester Student pursuing BALLB from GGSIPU DELHI. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.37 Article 19[1] of the Indian Constitution guarantees citizens the fundamental right to freedom of speech and expression. This right is considered the foundation of democracy, enabling individuals to express their opinions freely, which is essential for a participatory and transparent government. Over the years, the Supreme Court of India has elaborated on this right, weighing it against other constitutional values such as public order, decency, morality, and state sovereignty. However, this freedom is not without limits, and reasonable restrictions are in place, leading to significant legal debates and judicial interpretations. Landmark cases like Maneka Gandhi v. Union of India and Shreya Singhal v. Union of India[2] have significantly influenced the understanding and scope of this fundamental right. Recently, challenges such as hate speech, misinformation, and digital censorship have further complicated the practical application of Article 19. This article critically examines the evolving judicial discourse surrounding Article 19, recent legislative trends, and the ongoing challenges to free speech, aiming to provide a thorough perspective on its impact on Indian democracy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 632-646. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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BALANCING THE RIGHT TO DIE AND FAMILIAL OBLIGATIONS: THE INFLUENCE OF CULTURAL AND RELIGIOUS VALUES ON EUTHANASIA DECISIONS IN INDIAN FAMILY LAW

Volume II Issue III /

BALANCING THE RIGHT TO DIE AND FAMILIAL OBLIGATIONS: THE INFLUENCE OF CULTURAL AND RELIGIOUS VALUES ON EUTHANASIA DECISIONS IN INDIAN FAMILY LAW Anushka Sinha, Amity University, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v02.36 This paper examines intricate dynamics involving euthanasia, family obligations, as well as the cultural and religious forces that govern Indian law. The recently landmark Aruna Shanbaug case presented a significant judgment declaring passive euthanasia legal which led to an intriguing attempt by the Indian legal structure to strike a balance between a patient’s right to die as well as family’s moral obligation to care for the patient. This is well summarized by Mahatma Gandhi, who profoundly said, “The greatness of a nation can be judged by how it treats its weakest members,” thereby underscoring empathy very much as a central consideration in life and death legal discussions. This paper investigates the contemporary structures of law concerning euthanasia in India, based on the role of family members in the decision-making process. It throws light on the conflicts that arise when personal values clash with family and social expectations, most profoundly in deeply held cultural and religious values. In this regard, the research examines to what extent these values determine not only personal and family attitudes toward euthanasia but also influence judicial reasoning and outcomes in cases related to euthanasia. This paper tries to explain the delicate balance Indian family law must provide as it tries to strike in safeguarding the rights of the dying patient and, at the same time, offers consideration of the moral and ethical obligation owed by their families. This will draw from relevant case law, key legal principles as well as public opinion also it would require a more appropriate legal framework with respect for individual rights and more comprehensive societal values, especially the imperative of sympathy and understanding in this continuous debate on euthanasia in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 614-631. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CYBER SECURITY MENACES IN BANKING: EMERGING PERILS AND WAYS TO MITIGATION

Volume II Issue III /

CYBER SECURITY MENACES IN BANKING: EMERGING PERILS AND WAYS TO MITIGATION Swesthiga K, Masters in Law Graduate – The National University of Advanced Legal Studies. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.35 As the backbone in current economies, the banking sector has experienced a digital revolution, utilising technology to improve client satisfaction, accessibility, and efficiency. But this higher dependence on the internet has also made the banking industry more vulnerable to a complicated and dynamic threat environment. Cyber-attacks are becoming a constant and serious problem for financial institutions around the globe. They can take many different forms, from clever phishing operations to advanced continuing dangers. Persistent cyber-attacks have profound consequences on banks, including monetary losses, harm to their company, a decline in customer trust, and possible systemic dangers to the overall economy. The banking sector must proactively modify its cyber security defences to keep ahead of new threats as scammers’ strategies get more complex. In order to improve banking security, this study intends to discover new cyber security threats in the banking industry, analyse their potential effects on the banking sector, and assess successful mitigation methods. The author will examine upcoming dangers and trends in addition to existing threats, weaknesses, and security precautions. Out-dated systems, limited personnel training, and inadequate incident response strategies are some of the main hazards. Establishing strong security frameworks, carrying out routine risk assessments, and utilising AI-powered threat detection are examples of effective mitigation techniques. This study advances knowledge about new cyber security risks in the banking industry and offers practical suggestions for financial entities looking to strengthen their safety measures. Banks can safeguard consumer information, stop financial losses, and uphold confidence in the financial system by addressing these new dangers. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 602-613. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANTI-BRIBERY AND ANTI-CORRUPTION LAWS: CORPORATE COMPLIANCE IN A GLOBAL MARKETPLACE

Volume II Issue III /

ANTI-BRIBERY AND ANTI-CORRUPTION LAWS: CORPORATE COMPLIANCE IN A GLOBAL MARKETPLACE Balamurali. B, Dr. Ambedkar Govt. Law College, Kalapet, Puducherry Download Manuscript doi.org/10.70183/lijdlr.2024.v02.34 Bribery and corruption have long been widespread in business, causing financial losses and emotional distress for ordinary people. To combat these unethical practices, anti-bribery and corruption laws were introduced. These laws not only safeguard individuals from being exploited under the guise of business dealings but also protect companies and organisations from engaging in or accepting bribery. Bribery and corruption lead to unjust treatment of people and businesses alike, distort competition, and raise costs. People and companies continue to try to bribe public authorities or affect the results of tender processes in an effort to gain the next contract or boost profitability. Anti-corruption and bribery laws have several important components. Act legally, morally, and in the public interest; Tolerate conduct that is unlawful, immoral, or violates human rights by clients, suppliers, or public officials with whom we deal;  Refrain from accepting or offering bribes or engaging in corrupt activities; Uphold the highest standards of moral behavior globally, including striving to uphold the ten principles of the UN Global Compact (including anti-bribery). Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 574-601. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DECIPHERING THE LEGAL PUZZLE: COPYRIGHT PROTECTION FOR AI GENERATED WORK

Volume II Issue III /

DECIPHERING THE LEGAL PUZZLE: COPYRIGHT PROTECTION FOR AI GENERATED WORK Balamurali. B, Dr. Ambedkar Govt. Law College, Kalapet, Puducherry Download Manuscript doi.org/10.70183/lijdlr.2024.v02.33 As artificial intelligence (AI) continues to revolutionize industries such as art, literature, music, and software development, the matter of copyright protection for AI-generated creations has become increasingly intricate and requires contemporary attention in considering the drastic growth and development of AI. This paper seeks to evaluate the level of originality in AI-generated works, examining the challenges these creations face in meeting the originality requirements under copyright law for protection. This paper aims to explore the copyright law in India. It also delves into the complexities and uncertainties surrounding copyright ownership and authorship of AI-generated content, while assessing the current legal framework established by the Copyright Act, 1957, and related laws. The ambiguity within India’s current copyright law regarding the protection of original works created by AI has the potential to create legal gaps, which may discourage creators from involving and innovating new technologies, which in turn producing new works and it undermines the core purpose of copyright and intellectual property protection. By examining relevant legal precedents, case studies, and policy considerations, this paper will focus on necessary amendment to the laws for protection to original works created by AI and strengthen copyright protection in the rapidly evolving AI landscape. The ultimate goal of this research is to contribute to the development of robust legal frameworks and policies that foster innovation, creativity, and equitable access to knowledge in the AI era. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 559-573. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EFFECTIVENESS OF CONSUMER PROTECTION LAW IN CROSS BOARDER E-COMMERCE

Volume II Issue III /

EFFECTIVENESS OF CONSUMER PROTECTION LAW IN CROSS BOARDER E-COMMERCE Nithya Prakash, Student In Presidency University Banglore, Karnataka Download Manuscript doi.org/10.70183/lijdlr.2024.v02.32 Digital markets transcend geographic boundaries Cross-border e-commerce has thus become a driving force for global trade. However, the rapid growth of online shopping across countries has created significant challenges regarding consumer protection. This article examines the effectiveness of consumer protection laws in protecting consumer rights related to cross-border transactions. By analysing issues related to challenges in jurisdictions Lack of consistency in standards and consumer remedies mechanisms This study aims to provide insights into the complexities of enforcing consumer protection in a globalized economy and across borders, e-supporting the establishment of strong organizations. Legal framework to protect consumers in the evolving trade landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 538-558. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CAN ADOPTION LAWS INCORPORATE REVOCABILITY? AN ANALYSIS OF SECTION 15 OF THE HINDU ADOPTION & MAINTENANCE ACT, 1956

Volume II Issue III /

CAN ADOPTION LAWS INCORPORATE REVOCABILITY? AN ANALYSIS OF SECTION 15 OF THE HINDU ADOPTION & MAINTENANCE ACT, 1956 Dhruv Purkar, 4th Year Student at CHRIST (Deemed to be University) Ishnay Prakash , 4th Year Student at CHRIST (Deemed to be University) Download Manuscript doi.org/10.70183/lijdlr.2024.v02.31 Adoption Laws in India constitute a part of various laws ranging from Personal Laws like the Hindu Adoption and Maintenance Act, 1956 to a secular code of the Juvenile Justice Act, 2015. Section 15 of the Hindu Adoption and Maintenance Act states that a valid adoption made under this Section cannot be revoked in any chance. This implies that such adoptions are irreversible in nature and once done, cannot be revoked. Once an adoption is made, the adopted child may face several hardships in the adopted family, causing a violation of his fundamental rights. These hardships may include discrimination of the adopted from the biological child, if any, lack of access to resources, emotional ill-treatment and so on. Due to such hardships and irrevocability of adoptions, the child maybe continues to stay in a perpetually hostile environment which becomes unhealthy. The authors contends that there is a need to incorporate revocable adoptions withing the ambit of Section 15 of the Act and the same can be done by way of an exception clause which may incorporate revocability, by giving power to the judiciary to declare an adoption revoked if needed. The authors have reviewed judicial precedents that support the thesis of revocable adoptions, and research articles The case laws reviewed adjudicate over child welfare principles and lay down its priority over other issues in a family dispute. The authors also suggest solutions facilitating revocability of adoptions so as to award a better protection to adopted children from infringement of their rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 527-537. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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AI AND THE LEGAL FRONTIER: BALANCING INNOVATION AND CHALLENGES IN THE AGE OF ARTIFICIAL INTELLIGENCE

Volume II Issue III /

AI AND THE LEGAL FRONTIER: BALANCING INNOVATION AND CHALLENGES IN THE AGE OF ARTIFICIAL INTELLIGENCE Md. Jewel Ali, LLM Student at Department of Law, Aliah University, Kolkata Download Manuscript doi.org/10.70183/lijdlr.2024.v02.30 Artificial intelligence (AI) is revolutionizing the legal profession, bringing significant benefits in efficiency, cost reduction, and access to justice, while also introducing challenges related to employment, legal accountability, and data privacy. AI-powered tools are automating the tasks like legal research, document review, and contract analysis, allowing lawyers to perform these duties faster and more accurately. This automation, however, raises concerns about the future of entry-level legal jobs, as junior lawyers and paralegals traditionally handle much of such labor-intensive work. As AI takes over these tasks, fewer entry-level positions may be required, forcing law firms to reconsider traditional billable-hour models and adapt to a new pricing structure. At the same time, AI is creating new opportunities within the legal field. Lawyers who can manage AI technologies, interpret AI-driven insights, and integrate these tools into legal practice will be in high demand. The profession is likely to see new roles emerge, including AI ethics advisors and legal technologists, reflecting the growing need for expertise in the intersection of law and technology. In conclusion, AI offers transformative potential for the legal profession, streamlining processes, and enhancing access to justice, but it also presents ethical, legal, and practical challenges. Legal professionals who can harness the power of AI while ensuring compliance with legal standards and ethical guidelines will thrive in this new era. However, regulatory frameworks must evolve to adequately address the unique risks posed by AI, ensuring that its benefits are realized without compromising fairness, transparency, or accountability in the legal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 503-526. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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