LIJDLR

Volume II Issue III

METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

Volume II Issue III /

METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION Vrinda Yadav, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Mradul Prakash Agnihotri, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.25 This research paper comprehensively explores the historical evolution of statutory interpretation, spanning from the Blackstonian era to the contemporary period. Emphasizing the vital role of statutory interpretation in the judiciary, the paper aims to unveil true legislative intent and deliver justice, addressing complexities, unforeseen circumstances, and linguistic ambiguities within statutes. Traditional methods such as Literal or Grammatical Interpretation, the Golden Rule, the Mischief Rule, and the Purposive Approach are scrutinized for their respective advantages and disadvantages, considering factors like alignment with legislative intent and flexibility. Recent trends in statutory interpretation, notably the recognition of compensation as a remedy for fundamental rights violations, are examined, along with the judiciary’s role in statutory interpretation through judicial review marked by judicial activism. The paper concludes by highlighting the transition from the Literal Rule to the more flexible Purposive Rule, emphasizing its efficacy in addressing logical defects and fostering justice across diverse situations. In essence, the research provides a nuanced understanding of statutory interpretation’s evolution, traditional methodologies, and contemporary trends, showcasing its dynamic and adaptive nature in the realm of judicial interpretation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 416-436. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION

Volume II Issue III /

DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION Oshin Johari, Advocate Download Manuscript doi.org/10.70183/lijdlr.2024.v02.24 The global refugee crisis and the proliferation of human trafficking represent two of the most pressing humanitarian challenges of our time. Often, these issues intersect, leaving refugees, already vulnerable, at heightened risk of exploitation by traffickers. This paper, titled “Trapped Between Borders: Navigating the Legal Labyrinth of Human Trafficking and Refugee Protection in International Law,” explores the intricate relationship between human trafficking and refugee flows, focusing on how current international legal frameworks address—or fail to address—the dual vulnerabilities faced by trafficked refugees. Drawing on case studies from conflict zones and regions with significant refugee movements, this paper critically examines the effectiveness of existing international instruments, such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol) and the 1951 Refugee Convention. It highlights the legal gaps and enforcement challenges that leave many trafficked refugees without adequate protection or recourse. The paper argues for a more integrated approach to international law, one that acknowledges the complex realities faced by refugees who are victims of trafficking. By proposing legal reforms and enhanced international cooperation, this study seeks to contribute to the development of more robust protections for some of the world’s most vulnerable populations, ensuring that they are not merely trapped between borders but are provided with the comprehensive support and justice they deserve. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 396-415. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA

Volume II Issue III /

LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA Jaydeep Findoria, Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.23 This is a comparative analysis of the complex legal structures surrounding marriage and divorce in the United States and India. Therefore, this research digs into the different marital arrangements recognized in both countries, procedural intricacies surrounding divorce cases, and the hurdles that come with cross-border divorces. The paper will revolve around the play of structures of law, cultural norms, and societal values against the tapestry of changing nature of matrimonial relationships and their dissolution between the two nations. Central themes discussed include issues relating to jurisdictional considerations, recognition of foreign decrees, and the legal precedents that cut across divorces across borders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 388-395. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANALYSING THE IMPACT OF THE SARFAESI ACT ON THE RECOVERY RATES OF NPAs IN INDIAN BANKS

Volume II Issue III /

ANALYSING THE IMPACT OF THE SARFAESI ACT ON THE RECOVERY RATES OF NPAs IN INDIAN BANKS Eeshan Mishra, Student at Institute of Law, Nirma University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.22 The SARFAESI ACT 2002, a shift to corporate governance was one of the major structural reforms introduced to control non-performing assets (NPAs) in Indian banking. The SARFAESI Act commenced in 2002 and was a significant shift to the management of NPAs since it empowered banks and financial institutions to recover secured loans without undergoing the conventional legal formalities required to undertake it through legal procedures. In this research, the effect of the SARFAESI Act on NPA management from 2002 up to 2022 has been evaluated through the analysis of data derived from official financial reports and through a set of non-numerical data derived from members of the banking industry. In the same period, the NPAs’ recovery rate by the SARFAESI Act was higher due to the speedy disposal of bad assets eliminating the legal proceedings largely. Nevertheless, some problems like unclear legislation, an excessive amount of applicable legislation that can take months to study and recognize what can be applied in practice, and borrowers’ resistance have often hindered the efficiency of the recovery procedure. The study also analyzes the SARFAESI Act with other NPA resolution mechanisms such as the Debt Recovery Tribunals and Lok Adalat which depicts the efficiency of each and thereby opines that integrating SARFAESI with the mechanism as mentioned earlier could fill some of the said gaps. The study proves that there is a need to make continual amendments to the provisions of the SARFAESI Act to meet changing financial milieu and challenges thereby addressing any gaps that may be created. The following are the effective implementation strategies that are central to the enhancement of the benefits of the Act with relevance to adequate functionality: On balance, despite the substantial enhancement of the recovery rates of NPAs in Indian banks, there is a continuous need for the process of SARRFAESI Act’s assessment and improvement. The study benefits the existing literature on financial sector reforms and could serve as a reference to policymakers and banking organizations that are aiming to enhance how NPAs are managed and enhance the efficiency of the banking sector. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 365-387. 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 FORENSIC AND CRIME INVESTIGATION

Volume II Issue III /

CYBER FORENSIC AND CRIME INVESTIGATION Harini K, LLM- I Year (Criminal law and criminal justice administration) Tamil Nadu Dr. Ambedkar Law University- School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.21 Cyber forensics, often called digital forensics, is essential in modern crime investigations. It provides the methods & strategies to gather, analyze, and safeguard digital evidence. This field’s significance has grown as digital crimes have become more complex and frequent. It includes activities like hacking, identity theft, financial fraud, cyberstalking, and even cyberterrorism. The main purpose of cyber forensics is to aid legal proceedings by ensuring that digital evidence is valid, dependable & usable in court. The admissibility of digital evidence is also a matter of concern for its probative value is called into question upon evidence is prone to be tampered.  It combines knowledge from computer science, legal studies, and investigative techniques to find and document digital traces left by criminals. Cyber forensics includes various sub-disciplines: computer forensics, network forensics, mobile device forensics & cloud forensics. Each one deals with specific challenges related to different types of digital evidence. Experts in cyber forensics use special tools & software to perform tasks like disk imaging, data carving, malware analysis, and timeline reconstruction. These tasks are crucial for understanding the sequence of events in a digital crime. Nonetheless, the field encounters many challenges. Technology evolves rapidly; cybercriminals become more sophisticated; legal restrictions related to data privacy & jurisdictional issues create obstacles. Advanced technologies such as encryption and anonymization test the ability of forensic experts to gather meaningful evidence. Moreover, the international nature of cybercrime often entails complicated legal structures that demand cross-border cooperation & compliance with diverse laws and regulations. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 335-364. 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 STATUS QUO OF SOVEREIGNTY IN SPACE EXPLORATION

Volume II Issue III /

THE STATUS QUO OF SOVEREIGNTY IN SPACE EXPLORATION Shivam Kumar Gupta, Student at School of Law, Bennett University Dr. Preeti Singh, Student at School of Law, Bennett University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.20 Everyone is constantly curious about outer space. We can track space travel back to prehistoric times. From historical to modern individuals are known to be fascinated by the motions and activity of the planets and stars for life journey predictions.  Thus, these celestial bodies in space have had a significant impact on life predictions. The exploration of space has gained impetus in recent decades. Even space exploration is of great interest to private players. The goal of space exploration is to benefit humanity, and this is being pursued by government, public-private, and private initiatives. The question of sovereignty in space or over celestial bodies comes up in light of these advancements in space activity. Humans have visited the moon thus far. The story of the first man landing on the moon is widely known. The act of setting foot on the moon also calls into question who should have sovereignty over the celestial bodies in space. The authors of the paper researched the subject of celestial body sovereignty and attempted to determine its current state. To understand sovereignty, the authors have researched international space law treaties. Sovereignty is a critical issue in space law, so it is important to understand its status quo. The doctrinal analysis of secondary texts that are in the public domain led to the creation of this paper. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 327-334. 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 LIABILITY: INTELLECTUAL PROPERTY CHALLENGES IN THE AGE OF AI

Volume II Issue III /

REDEFINING LIABILITY: INTELLECTUAL PROPERTY CHALLENGES IN THE AGE OF AI Sarthak Sharma, Student of BA LLB at Himachal Pradesh National Law University, Shimla Download Manuscript doi.org/10.70183/lijdlr.2024.v02.19 The rapid advancement of artificial intelligence (AI) has raised significant challenges for traditional intellectual property (IP) frameworks, particularly regarding authorship, ownership, and liability for AI-generated works. This paper examines these issues within the context of India’s IP laws, specifically under the Copyright Act of 1957 and the Patents Act of 1970, highlighting the limitations of these frameworks in addressing AI’s complexities. AI-generated content blurs the line between human and machine creativity, making it difficult to assign ownership and enforce rights under existing legal structures that assume human authorship. Moreover, the patentability of AI-generated innovations is hindered by current laws that only recognize human inventors. The paper explores various challenges, such as determining liability for copyright infringement and the uncertainty of fair use when training AI models with copyrighted data. Proposed solutions include introducing new IP categories for AI-generated content, reforming authorship laws, enhancing transparency and accountability in AI systems, and developing AI-specific enforcement mechanisms. International cooperation and ethical considerations are also emphasized as critical to establishing a fair and effective global IP framework. Ultimately, the paper argues for an updated legal landscape that balances innovation and protection, ensuring India remains competitive in the evolving AI landscape while fostering responsible and ethical AI use. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 316-326. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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WITNESS PROTECTION: A COMPARATIVE STUDY AMONG USA, UK, FRANCE, AND INDIA

Volume II Issue III /

WITNESS PROTECTION: A COMPARATIVE STUDY AMONG USA, UK, FRANCE, AND INDIA Priyanka. C, Tamil Nadu Dr. Ambedkar Law University- School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.18 “Whenever a man commits a crime, heaven finds a witness”                                                                                              –  Edward G. Bulwer The above statement shows the importance of witness in any criminal justice system. The role of witness in the criminal justice administration is extremely inevitable especially in an adversarial system where the burden of proof is on the prosecution and the prosecution depends on the witness and their statements. There are instances where witnesses had turned hostile and refused to help in finding the guilty of the accused person resulting in the acquittal of the accused who may have been guilty of charges. This poses threat to society because the question arises why witness has turned hostile or why they had not come forward in the first place to give evidence and perform their sacred duty of helping the justice system. When a person is to testify against a criminal particularly those having political, financial and man power to cause harm, they fear for their well-being and fail to fulfil their ethical duty to support the truth. Thus, the governments across the world recognised the need to protect witness to ensure the delivery of justice and enacted witness protection programmes. The study of witness protection programs in the US, UK, France, and India reveals significant differences in structures, implementation, and effectiveness, despite varying protection and resource allocation. This article highlights the development of witness protection programmes in United States, United Kingdom, France, and India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 299-315. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL RESPONSES TO DOMESTIC VIOLENCE: EFFICACY AND CHALLENGES

Volume II Issue III /

LEGAL RESPONSES TO DOMESTIC VIOLENCE: EFFICACY AND CHALLENGES Prithwish Ganguli, Advocate ,LLM, MA (Sociology), MA (CL & FS) Dip in Cyber Law, Dip in Psychology Faculty Member, Heritage Law College, Kolkata Download Manuscript doi.org/10.70183/lijdlr.2024.v02.17 Domestic violence remains a pervasive issue worldwide, affecting individuals across all socio-economic backgrounds. This paper examines the efficacy and challenges of legal responses to domestic violence, focusing on the effectiveness of existing laws, enforcement mechanisms, and support systems. Despite significant progress in enacting legislation aimed at protecting victims, numerous obstacles persist in ensuring justice and safety. These include cultural barriers, inadequate law enforcement training, and gaps in victim support services. The paper also explores the role of legal reforms, community involvement, and interdisciplinary approaches in enhancing the effectiveness of legal responses to domestic violence. By analysing case studies and legal frameworks from different jurisdictions, this paper seeks to highlight the complexities involved in addressing domestic violence and propose strategies for more comprehensive and effective legal interventions. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 279-298. 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 IN CONTRACT LAW: NAVIGATING LEGAL CHALLENGES AND OPPORTUNITIES IN THE DIGITAL ERA

Volume II Issue III /

AI IN CONTRACT LAW: NAVIGATING LEGAL CHALLENGES AND OPPORTUNITIES IN THE DIGITAL ERA Saad Misbah, Law student at Jamia Millia Islamia University Inaya Imtiyaz, BBA student at Indira Gandhi National Open University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.16 The use of Artificial Intelligence in contract law has had a profound change in the process of contract formation and enforcement. Thus, this research paper explores the dynamic nature of the adoption of AI in the context of contract law and specifically within the Indian legal system. Beginning with the historical evolution of contract law in India, the paper highlights the shift from manual to advanced AI-based approaches. AI has progressed basic automation tools to sophisticated systems for tasks such as like writing, negotiating, and reviewing contracts. With the rise of smart contracts, particularly those propelled by Artificial intelligence, questions arise regarding their enforceability as contract, consent between the parties, and liability issues. The research focuses on the issues of enforceability of contracts concluded with the assistance of artificial intelligence, including the legal recognition of artificial intelligence as a contracting party and the legal validity of the contracts concluded with the use of artificial intelligence. It also considers distribution of liability in AI-assisted contracts, looking at how blame is apportioned where AI is implicated in contract violation. Furthermore, the paper compares national and international jurisdictions to illustrate the landscape of AI-related contractual disputes and potential legal outcomes. The paper concludes by analyzing the prospects and implications of Artificial Intelligence in the field of contract law. It emphasizes the need for changes in legal rules related to AI, ethical considerations, and judicial adaptations necessary to address AI-related issues. The consideration of AI in contract law emphasizes the necessity for legal innovations while AI requiring legal reforms that promote justice and fairness in contractual relationships. This paper provides a comprehensive analysis of how AI is progressively integrating into the legal framework of contract law and identifies key areas for further research and application. In this research, we utilized a qualitative approach, conducting a thorough review of literature, case laws, and legal frameworks to assess the impact of AI on contract law and explore emerging legal challenges. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 264-278. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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