LIJDLR

Volume II Issue III

WORDS OF JUSTICE: LITERARY ENGAGEMENTS WITH CONSTITUTIONAL PRINCIPLES AND DEBATES

Volume II Issue III /

WORDS OF JUSTICE: LITERARY ENGAGEMENTS WITH CONSTITUTIONAL PRINCIPLES AND DEBATES Nikita Gomdani, Student at Manipal University Jaipur Rajasthan. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.12 “Words of Justice: Literary Engagements with Constitutional Principles and Debates” delves into the complex relationship that exists between constitutional principles and literary works, which serve as the foundation of society. It examines how literary works make constitutional arguments more relevant by setting impersonal legal issues in familiar settings. Among these core ideas are the legal narrative, the language understanding of the law, and the connections between the law and society. The paper examines the rationales behind the traditional methods of connecting literature and law, such as the development of legal interpretation, the enhancement of court decisions, and the progress of the legal system and attorneys. Numerous conclusions drawn from the combined examination of the law and literature apply to real-world problems and go beyond “mere” theory. It could potentially be argued that the legal system softens and humanizes its language by referencing works of literature. By using literary methods and organizing them in accordance with the patterns created by socially aware writing, it integrates itself into these paradigms. This study analyses literary works to investigate how Indian courts have lately defined and interpreted rights in relation to constitutional law concerns. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 186-205. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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APPLICATION OF BASIC STRUCTURE DOCTRINE TO CONTEMPORARY ISSUES: A FOCUS ON JUDICIAL REVIEW

Volume II Issue III /

APPLICATION OF BASIC STRUCTURE DOCTRINE TO CONTEMPORARY ISSUES: A FOCUS ON JUDICIAL REVIEW Sathiyanathan S, Student at Symbiosis Law School, Noida Elamathy S, Student at School of Excellence in Law, TNDALU, Tamil Nadu Download Manuscript doi.org/10.70183/lijdlr.2024.v02.11 The Constitution of India, being the “mother law of the land,” is framed by the founding fathers with keeping in soul the parent patria concept to fetch the utmost good to its citizens (children). No other law of the land other than the constitution shall be supreme. Such a supreme power – our constitution adjusts itself and allows us to make alterations to run in parallel with our dynamic societal changes. Yet, some portions of the constitution should be touched to make any kind of alterations as it withholds the constitution as a basic pillar, as a balancing block, and so on to preserve the main purpose of the constitution. Such a static strong portion is called the name, “Basic structure of the Constitution.” The concept was evolved in the many yesteryears, and through theories by eminent jurists and various precedents, it came into the contemporary shape to be called the doctrine of basic structure or doctrine of constitutionally controlled governance. There are various characteristic traits which fit in the purse of basic structure. And one such significant and paramount basic structure is the judicial review. In this article, we will know about the basics of basic structure, its origin, elements, its application with the contemporary issues, precedents which withheld those, judicial review, its relevance with stability and in synchronization with the basic structure with the relevant constitutional amendments and the contemporary tug of battle between the enacting and the interpretation wings of the Government. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 164-185. 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 ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION

Volume II Issue III /

THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION Arpita Gupta, Student (Pursuing LL.M.) from Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.10 This research paper examines the economics of intellectual property rights (IPR) in India and the challenges of balancing innovation and market competition in the country. Intellectual property rights play a crucial role in promoting innovation and promoting market competition. However, finding the right balance between these two goals is crucial for sustainable economic growth. The article begins with an overview of intellectual property rights, including copyright, patents, and trademarks, and their economic significance. It examines the historical development of intellectual property in India and its impact on innovation and competition. The legal framework and institutions governing intellectual property in India are analyzed, focusing on key intellectual property laws such as the Copyright Act, the Patent Act, and the Trademark Act. Explore the strengths and weaknesses of India’s intellectual property system to understand its effectiveness in supporting innovation and promoting fair competition in the marketplace. The purpose of the case studies was to illustrate specific issues related to intellectual property rights in India, such as the pharmaceutical and software industries, as well as issues related to traditional knowledge. An Assessment of the Economic Impact of Intellectual Property Rights on Innovation and Market Competition in India Using Empirical Analysis. The paper presents policy considerations and recommendations to address India’s challenges in striking a balance between protecting intellectual property and promoting competition. Conduct an assessment of the current IP policy and identify areas for improvement in order to create an effective and balanced IP system. In conclusion, this study highlights the importance of striking the right balance between intellectual property rights, innovation, and market competition in India. Achieving this balance will foster the development of a thriving innovation ecosystem while ensuring equal access to knowledge and promoting healthy competition. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 141-163. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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PARLIAMENTARY PRIVILEGES IN INDIA: EXPLORING THE IMPERATIVE FOR CODIFICATION AND A COMPARATIVE PERSPECTIVE WITH AUSTRALIA

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PARLIAMENTARY PRIVILEGES IN INDIA: EXPLORING THE IMPERATIVE FOR CODIFICATION AND A COMPARATIVE PERSPECTIVE WITH AUSTRALIA Prakriti Dutta, 3rd year BALLB(H), Symbiosis Law School, Pune Download Manuscript doi.org/10.70183/lijdlr.2024.v02.9 “Parliamentary privilege is not a cloak for fraud.” – Lord Denning Is it really necessary to grant special privileges to those who represent, serve, and govern the people? This is arguably the most critical question in the history of democracy. Why should we grant special rights to politicians in their capacities as representatives is a subject that has been posed all across the world? The term “parliamentary privileges” refers to the specific rights and protections afforded to members of parliament; this question becomes highly pertinent. This study digs into the complex world of parliamentary privileges, looking at their development across time and current problems. It gives a thorough analysis of these advantages within the Indian legal system, covering their reach, their immunities, and the precarious balance between accountability and immunity. The research reveals different approaches to parliamentary privileges in various democratic systems through a comparative lens with Australia. The study fervently supports the codification of privileges as a revolutionary step towards enhancing accountability, transparency, and efficient governance. To eloquently depict the complex challenges legislators face while juggling their advantages in the face of the demand for responsible behaviour, a captivating Indian case study is explored. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 118-140. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JUSTICE AND RECONCILIATION: A STUDY OF TRUTH COMMISSIONS AND THEIR ROLE IN POST-CONFLICT SOCIETIES

Volume II Issue III /

JUSTICE AND RECONCILIATION: A STUDY OF TRUTH COMMISSIONS AND THEIR ROLE IN POST-CONFLICT SOCIETIES Darshini.A, Student at TAMIL NADU Dr.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.8 This study looks at how truth commissions can help post-conflict communities move toward justice and reconciliation. This study examines the legal frameworks, guiding principles, and procedures about truth commissions through an extensive analysis of international and national legislation, cases, and scholarly works. The experiences of several truth commissions are compared using a comparative method, emphasizing the effects they had on communities, offenders, and victims. According to the report, truth commissions have been helpful in advancing institutional reforms, accountability, and restitution, but they have difficulty bringing about peace and attending to the concerns of marginalized communities. The study ends by outlining topics for more research and offering best practices for truth commissions. This research advances knowledge of transitional justice procedures and their function in fostering long-term peace. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 107-117. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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COMPARATIVE STUDY OF SEXUAL OFFENCE WITH CHILDREN

Volume II Issue III /

COMPARATIVE STUDY OF SEXUAL OFFENCE WITH CHILDREN Dhiraj Kumar Sharma, Student of 4th year (8th semester) B.A LL.B, University Law College, (Vinoba Bhave University ) Hazaribag Jharkhand Download Manuscript doi.org/10.70183/lijdlr.2024.v02.7 The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a significant legislative milestone in India aimed at addressing the menace of child sexual abuse. This act provides a robust legal framework for the protection of children from offenses of sexual assault, sexual harassment, and pornography while safeguarding the interests of the child at every stage of the judicial process. Before the enactment of POCSO, India lacked a comprehensive law addressing child sexual abuse, relying instead on sections of the Indian Penal Code (IPC), which were insufficient and ambiguous in providing specific protection to children.[1] Legislative discussions leading to the POCSO Act emphasised the necessity for a specialised law, acknowledging that children are highly vulnerable and need specific protection. Debates in the Indian Parliament highlighted disturbing statistics and cases of child sexual abuse, underscoring the urgent need for a law that not only penalizes the perpetrators but also ensures child-friendly procedures for reporting, recording evidence, investigation, and speedy trial.[2] Since its inception, POCSO has undergone various amendments to enhance its effectiveness. Notably, in 2019, the act was amended to include more stringent punishments, including the death penalty for aggravated penetrative sexual assault[3]. These amendments reflect the evolving understanding and seriousness of child sexual offences in India. Comparatively, the legal frameworks in Bangladesh and Pakistan for addressing child sexual abuse share similarities and differences with India’s POCSO Act. Bangladesh, under the Women and Children Repression Prevention Act, 2000, and its amendments, provides stringent measures against child sexual abuse but lacks a dedicated, comprehensive framework like POCSO[4]. The laws in Bangladesh are often criticised for their implementation gaps and inadequate child-friendly procedures[5]. Pakistan’s legal approach includes the Zainab Alert, Response and Recovery Act, 2020, and sections of the Pakistan Penal Code, which provide for severe penalties against child sexual abuse.[6] However, similar to Bangladesh, Pakistan faces significant challenges in enforcement and procedural sensitivity towards child victims[7]. While India’s POCSO Act stands out for its comprehensive and detailed approach to child sexual abuse, including specific provisions for child-friendly procedures and stringent penalties, both Bangladesh and Pakistan have made legislative strides but continue to grapple with enforcement and procedural issues. Comparative analysis reveals that while the intent to protect children from sexual offences is evident across these nations, effective implementation remains a common challenge. It reflects the need for better implementation procedures and awareness regarding the law. Further India and Bangladesh have specific laws to deal with sexual abuse of children while in Pakistan such matters are dealt by various criminal legislations. The statistics of child abuse cases in Pakistan show the need of dedicated laws to deal with these issues. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 84-106. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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NAVIGATING THE PSYCHOLOGICAL IMPACT AND ENHANCING PREDICTIVE POLICING IN THE ERA OF DEEPFAKES: LEGAL AND TECHNOLOGICAL SOLUTIONS

Volume II Issue III /

NAVIGATING THE PSYCHOLOGICAL IMPACT AND ENHANCING PREDICTIVE POLICING IN THE ERA OF DEEPFAKES: LEGAL AND TECHNOLOGICAL SOLUTIONS Beradar Akash, Student At Christ Academy Institute of Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.6 In the contemporary digital era, deep fakes and synthetic media have become an issue that has presented new problems to the legal systems worldwide including the IPC. This study outlines deepfakes starting with the technicality of creating deepfake videos, and the manipulation that goes into producing synthetic media. It further seeks to highlight the current legal provisions under the IPC concerning specific sections 354C, 499 & 503 of the IPC. It evaluates the punitive legislation and the outcomes of these provisions in fighting the misuse of deepfakes. The consequences of these findings are relevant since they create a need for an updated legal framework with the use of technology solutions. Understanding how other countries are approaching deepfakes can be instructive for India’s legal frameworks and comparative analysis of international legal approaches therefore holds important lessons for the country. The present study contributes by adding value to knowledge providing a comprehensive understanding of global issues providing sound advice on how India can improve its legal fight against deepfakes. It further examines the law and ethics of criminalizing deepfakes, while trying to prevent harm to people but having to consider the rights to freedom of speech and privacy at the same time. Based on the existing structure of the legislation, proposals for procedural reforms are developed to improve the work of the IPC on cases of crimes related to deepfakes. Prevention of deep fakes is considered by focusing on raising the public’s awareness, which would educate society about being victimized by synthetic media manipulation It provides the use of deep fakes with real celebrity cases and explains the severe impact on them. Thus, this research calls for an integrated approach to mitigate the troubles of deepfakes. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 67-83. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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FROM MAGNA CARTA TO MODERN INDIA: THE JOURNEY AND TRANSFORMATION OF FUNDAMENTAL RIGHTS

Volume II Issue III /

FROM MAGNA CARTA TO MODERN INDIA: THE JOURNEY AND TRANSFORMATION OF FUNDAMENTAL RIGHTS Parul Bhalla, BA. LLB. (Hons.)/ 3rd Year/ 5th Semester Student. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.5 The concept of Fundamental Rights, deeply embedded in the Indian Constitution, is the cornerstone of democratic governance, ensuring the dignity and liberty of its citizens. This research paper traces the historical development of Fundamental Rights in India, from their ideological roots in documents like the Magna Carta and the American Bill of Rights to their formal incorporation into the Indian Constitution following the country’s independence. The drafting committee, led by Dr. B.R. Ambedkar, meticulously tailored these rights to suit the unique socio-political context of India, aiming to protect individual liberties against governmental excesses. The Indian judiciary, particularly the Supreme Court, has played a significant role in interpreting and expanding these rights through landmark judgments such as Kesavananda Bharati v. State of Kerala and K.S. Puttaswamy v. Union of India. It has stood true to the nomenclature of being the third pillar of the state machinery and, has time and again proven the need of the judicial system. Major Constitutional Amendments, including the 42nd and 44th Amendments, have influenced the scope and application of Fundamental Rights. The evolution of Article 21, encompassing rights such as privacy, a clean environment, and cultural heritage, exemplifies the judiciary’s proactive stance in broadening the ambit of Fundamental Rights. Additionally, the paper explores emerging challenges and potential areas for future expansion, focusing on the rights of marginalized communities, environmental protection, and technological advancements. It argues for a dynamic interpretation of Fundamental Rights, one that adapts to the changing socio-economic and political realities of contemporary India. By analyzing the interplay between historical precedents, judicial activism, and legislative actions, this paper highlights the enduring significance of Fundamental Rights in safeguarding individual freedoms and promoting social justice in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 50-66. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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MINORITY RIGHTS AND AUTONOMY MOVEMENTS: LEGAL CHALLENGES AND OPPORTUNITIES IN LADAKH

Volume II Issue III /

MINORITY RIGHTS AND AUTONOMY MOVEMENTS: LEGAL CHALLENGES AND OPPORTUNITIES IN LADAKH Neha Yadav, LL.B Hons VIII Semester, Student at University of Lucknow, Lucknow Shailja Yadav, LL.B Hons VIII Semester, Student at University of Lucknow, Lucknow Download Manuscript doi.org/10.70183/lijdlr.2024.v02.4 The Ladakh autonomy movement reflects a multifaceted struggle encompassing minority rights, environmental preservation, and the intricate dynamics of regional autonomy within India’s constitutional framework. With a significant majority of its populace categorized as Scheduled Tribes, Ladakh’s push for inclusion under the Sixth Schedule stems from its distinctive demographic makeup. This pursuit of tribal self-governance, however, encounters resistance from the central government, wary of establishing precedents for special status provisions and safeguarding national cohesion. Embracing the Sixth Schedule could empower Ladakh to confront urgent environmental issues and safeguard its rich cultural legacy. Yet, realizing this vision entails navigating through intricate legislative hurdles, from constitutional amendments to aligning legal frameworks and ensuring the efficacy of proposed Autonomous District Councils. As discussions unfold, striking a balance between Ladakh’s autonomy aspirations and the broader national interests presents a significant challenge. In short, this research emphasizes the need to deal with the legal issues concerning minority rights and autonomy in Ladakh. We can create a more inclusive government system by doing this. Recognizing the specific cultural and environmental needs of the area offers a great chance to empower local communities and let them play a role in deciding the future of Ladakh. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 37-49. 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-DEFECTION LAW: A CRITICAL ANALYSIS OF THE ROLE OF SPEAKER UNDER INDIAN ADMINISTRATIVE LAW

Volume II Issue III /

ANTI-DEFECTION LAW: A CRITICAL ANALYSIS OF THE ROLE OF SPEAKER UNDER INDIAN ADMINISTRATIVE LAW Sabari veera V, Student at The Tamilnadu Dr Ambedkar law University School of Excellence in Law Tasneem Banu T, Student at The Tamilnadu Dr Ambedkar law University School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.3 The Anti-Defection Law in India serves as an important constitutional provision to safeguard the stability of national politics by reducing defections. This paper explores the convergence of the Anti-Defection Law with Administrative Law, particularly focusing on the decision-making role of the Speaker in disqualification cases. The paper delves into the debate surrounding the scope of judicial review of the Speaker’s decisions, the legal validity of the law in light of the doctrine of separation of powers, and the application of principles of natural justice and fairness. Through an analysis of landmark cases, including Kihoto Hollohan vs Zachillhu and Ramesh Kumar v. State of Karnataka, the paper highlights the evolving nature of law in response to societal changes. Furthermore, it examines the significant responsibilities entrusted to the Speaker, whose role as a quasi-judicial authority raises questions about the impartiality of the decision-making process. The dual role of the Speaker as both a political leader and an adjudicator often leads to perceived impartiality, potentially undermining the trust in the legislative process. Additionally, the paper discusses the concerns posed by the Speaker’s dual role as a political leader and an adjudicator, which may lead to bias in decision-making. The recommendations of the Dinesh Goswami Committee and the 170th Law Commission Report, advocating for the involvement of the President or Governor in disqualification matters, are also examined as potential solutions to address these concerns. This paper argues for the necessity of maintaining a balance between the Speaker’s authority and the judiciary’s oversight to ensure the fairness of the political process and uphold the principles of good governance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 28-36. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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