LIJDLR

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

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

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

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

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

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

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

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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LIABILITY OF STATE: A COMPARATIVE STUDY OF VARIOUS COUNTRIES UNDER ADMINISTRATIVE LAW

LIABILITY OF STATE: A COMPARATIVE STUDY OF VARIOUS COUNTRIES UNDER ADMINISTRATIVE LAW Tasneem Banu T, The Tamilnadu Dr Ambedkar law University School of Excellence in Law Sabari Veera V, The Tamilnadu Dr Ambedkar law University School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.29 This research offers an in-depth comparative analysis of the liability of the state under administrative law in India, with parallels drawn from comparable jurisdictions. The concept of state liability is crucial to holding governments accountable for wrongful acts or omissions, which directly affect citizens. In India, this principle has evolved through judicial interpretations and is subject to various limitations under the doctrine of sovereign immunity. This exploration investigates the historical development of state liability in India and contrasts it with approaches in countries like the United Kingdom, the United States, and France. By examining these comparative models, the paper seeks to understand the commonalities and divergences in how administrative law holds governments accountable for their actions. Particular attention is given to the distinction between sovereign and non-sovereign functions in Indian law, and how courts have interpreted this distinction in key cases. The article further discusses the role of public interest litigation and the judiciary in expanding the scope of state liability. Finally, the study proposes reforms aimed at enhancing the accountability mechanisms in Indian administrative law, while drawing lessons from other countries to ensure an effective framework for protecting citizens’ rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 491-502. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ROLE OF SEBI IN CURBING MARKET MANIPULATION AND INSIDER TRADING

ROLE OF SEBI IN CURBING MARKET MANIPULATION AND INSIDER TRADING Md Jafar Ekbal, Chanakya National Law University, Patna Md Imran, Chanakya National Law University, Patna Download Manuscript doi.org/10.70183/lijdlr.2024.v02.28 This research paper examines the role of SEBI in keeping the securities market free from fraudulent activities like market manipulation and insider trading. SEBI has enacted several legislation and guidelines to curb these malpractices in the market but instead of that, there are lots of cases of market manipulation and insider trading that occurred in the past few years. Despite looking into numerous cases of insider trading over the past 20 years, SEBI has not been able to successfully convict many of them. The penalties are sometimes so minimal that any deterrent impact that the restrictions may have had is lost, even in cases where the offenders are apprehended and punished. This research paper starts by analyzing the SEBI ICDR Regulations in facilitating capital issuances and how it is protecting investors’ interests. Furthermore, it aims to descriptively analyze the SEBI Regulations regarding Insider Trading and Market Manipulation and how they help in curbing market manipulations. The researcher will also study the effectiveness of these regulations and whether these regulations are implemented or not. This paper further discusses the present surveillance mechanism and investigation procedure of SEBI in case of market manipulation and insider trading and tries to find out the ways through which these surveillance mechanisms and investigation procedures can be made more effective. Finally, this paper thoroughly analyzes the various challenges that SEBI faced while regulating the securities market, tries to identify potential areas for improvement, and suggests recommendations to enhance the effectiveness of SEBI in protecting the market from unfair practices. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 478-490. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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BALLOTS AND OBLIGATIONS: WEAVING POLITICAL DUTIES THROUGH VOTING

BALLOTS AND OBLIGATIONS: WEAVING POLITICAL DUTIES THROUGH VOTING Amitabh Kumar Saxena & Rahul Mishra Download Manuscript doi.org/10.70183/lijdlr.2024.v02.27 Voting is both a moral and rational activity that underpins democratic governance, raising fundamental questions about its ethical implications and individual rationality. The ethics of voting explores whether individuals are morally obligated to vote and what constitutes responsible voting behaviour. It involves considerations of justice, civic duty, and the common good, weighing the individual’s role in contributing to collective decision-making. On the other hand, rationality in voting questions the logic behind individual participation in elections, given the minuscule chance that one vote will affect the outcome. This paradox, often referred to as the “voter’s paradox,” challenges the motivation for voting from a purely self-interested, cost-benefit perspective. Theories of rational voting suggest that people may vote due to a sense of civic duty, social pressure, or expressive reasons, where the act of voting reflects an alignment with personal values rather than an expected influence on the election result. Thus, the rationality and ethics of voting intersect in complex ways, addressing the balance between individual autonomy and societal obligations in democratic participation. Understanding these dynamics is crucial for fostering meaningful engagement in political processes. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 456-477. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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