LIJDLR

Volume II Issue IV

RESPECT AND CONSENT: FOSTERING A CULTURE OF SAFETY AT UNIVERSITIES

RESPECT AND CONSENT: FOSTERING A CULTURE OF SAFETY AT UNIVERSITIES Vanshika Shukla, Research Scholar (Ph.D. Law), Faculty of Law, Banasthali Vidyapith, Jaipur. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.63 The paper explores the significance of respect and consent in fostering a culture of safety at universities. College campuses are diverse spaces where students, faculty, and staff interact daily, necessitating a safe and respectful environment. Addressing issues such as consent, sexual misconduct, and harassment is essential for ensuring a positive learning and working atmosphere. This study aims to analyze institutional policies, educational programs, support services, and the role of bystander intervention in cultivating a culture of safety. The study employs a qualitative approach, drawing from existing literature, case studies, and policy reviews to assess the effectiveness of current university strategies. Findings indicate that comprehensive consent education, survivor-centred support services, and proactive institutional policies significantly enhance campus safety. Additionally, fostering peer accountability through bystander intervention programs strengthens a culture of mutual respect. The study highlights the need for continuous institutional commitment and community engagement in maintaining these initiatives. Universities that prioritize respect and consent contribute to student well-being, academic success, and a safer campus climate. By identifying best practices, this paper provides actionable recommendations for universities to develop and sustain a culture where respect and consent are fundamental values. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 470-492. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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RESEARCH METHODOLOGY: CONCEPT & SIGNIFICANCE

RESEARCH METHODOLOGY: CONCEPT & SIGNIFICANCE Khalid Ali Khan Afridi, LL.M. (Constitutional and Administrative Law), I Year (II Semester), Postgraduate Student at Faculty of Juridical Sciences, RAMA University, Kanpur, Uttar Pradesh. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.62 The determination of suitable and appropriate research methodology plays a vital role in any scientific inquiry or research study by providing the well-structured research process needed to explore, analyze and interpret any data collected to explore phenomena or obtain solutions to real-world problems. This research paper explores the concept of research methodology, its significance, types, and key components. It highlights the significance of selecting appropriate research methodologies to ensure credible, reliable and valid research findings. This research paper delves different kinds of research methodologies along with the strengths and limitations of each approach. Moreover, this research paper mentions the disadvantages of pursuing inappropriate research methodology. Additionally, the paper addresses the challenges and criticisms associated with research methodologies including biasness in sampling, ethical concerns and the lack of flexibility in certain methods. Furthermore, it suggests practical improvements for researchers, such as using diverse sampling techniques, adopting interdisciplinary approaches, and utilizing modern technologies for data collection. By presenting a comprehensive understanding of research methodology, this research paper states the crucial role it plays in enhancing existing knowledge and acquiring new knowledge across various fields. This research paper serves as a guide for the researchers to increase the effectiveness and reliability of their research practices by which they can contribute to the academic and professional fields and provide solutions to the real-world problems. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 441-469. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BEACONING THE ETHICAL AND LEGAL COMPLEXITIES OF AI REGULATION: A COMPARATIVE ANALYSIS IN INDIA AND CHINA

BEACONING THE ETHICAL AND LEGAL COMPLEXITIES OF AI REGULATION: A COMPARATIVE ANALYSIS IN INDIA AND CHINA Sadaf Khan, Student at Government New Law College, Indore Puneet Sharma, Student at Government New Law College, Indore Download Manuscript doi.org/10.70183/lijdlr.2024.v02.61 The relatively quick development of artificial intelligence (AI) has generated discussions about the advantages and disadvantages of this technology on a global scale. In a subsequent warning, the UN Secretary-General acknowledged that the “runaway development of AI without safety barriers” posed an “existential threat” that, if unchecked, could intensify global inequality.[1] This demonstrates the pressing need for strong governance frameworks to guarantee that the advancement of AI reduces risks while promoting societal benefits. China and India are two new AI research and development superpowers with different regulatory strategies influenced by their respective sociopolitical, cultural, and economic environments. India has taken a cautious and well-rounded approach to regulating AI, seeking to promote innovation while tackling moral issues like data security and privacy. Programs such as the National AI Strategy by NITI and the Digital India initiative. In order to promote innovation while addressing ethical concerns like privacy and data security, India has taken a watchful and well-rounded approach to AI regulation. Initiatives such as the Personal Data Protection Bill, the Digital India program, and NITI Aayog’s National AI Strategy clearly show India’s dedication to establishing a regulatory framework that protects individual rights while fostering the development of AI. Issues like poor infrastructure, a lack of funding, and a lack of digital literacy continue to be major obstacles to India’s full AI potential. China, on the other hand, has adopted a more persuasive, state-driven strategy and roadmap to become the world leader in AI technology by 2030. Prioritizing national security, the Chinese government has created thorough regulatory frameworks, such as the Deep Synthesis Provisions and the Generative AI Measures. The ethical repercussions of AI, algorithmic bias, and the potential for AI to fundamentally alter labor markets and worsen societal issues are among the challenges that both nations face, despite having clearly different regulatory frameworks. In order to ensure the ethical, responsible, and inclusive development of AI globally, this paper examines the regulatory differences between China and India and makes the case that international cooperation and the creation of sustained, accommodating governance frameworks are pivotal. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 415-440. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE RIGHT TO PRIVACY AND NATIONAL SECURITY: A JURISPRUDENTIAL EXAMINATION

THE RIGHT TO PRIVACY AND NATIONAL SECURITY: A JURISPRUDENTIAL EXAMINATION Rhea Agnihotri, BA LLB (Hons)/ 3rd year/5th Semester Student At OP Jindal Global University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.60 The evolution of privacy rights and their intersection with national security is a critical area of contemporary legal and philosophical discourse. This paper examines diverse theoretical perspectives on privacy, surveillance, and the balance between individual autonomy and state intervention. It explores landmark judicial interpretations, including the recognition of privacy as a fundamental right in K.S. Puttaswamy v. Union of India, and critiques from legal philosophers such as Judith Thomson, Kenneth Himma, and Adam Moore. The paper argues for a nuanced approach that balances security and privacy while highlighting the significance of transparency, responsibility, and public discussion in the formulation of public policy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 405-414. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CONFLICT OF LAWS IN INTERNATIONAL MUSLIM MARRIAGES: LEGAL CHALLENGES AND HARMONIZATION APPROACHES ACROSS JURISDICTIONS

CONFLICT OF LAWS IN INTERNATIONAL MUSLIM MARRIAGES: LEGAL CHALLENGES AND HARMONIZATION APPROACHES ACROSS JURISDICTIONS Kamna, Integrated Law Course, Faculty of Law, Delhi University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.59 As globalization increases the rates of international Muslim marriages, varied interpretations of Islamic marriage law across jurisdictions present multifaceted legal challenges.​ Several conflicts flow in the issues of marital rights, procedures of divorce, and inheritance rights that spring from the differences in legal traditions and socio-cultural contexts. In Muslim-majority countries, the reconciling of interpretations of Sharia to secular legal frameworks creates sometimes difficult scenarios on practices that include unilateral divorce (talaq) and polygamy. These disparities lead to complications on the consent issue, dowry or mahr, and recognizing marriages across borders. Consequently, different jurisdictions have been looking for fluid solutions and have begun exploring the solutions of dual recognition frameworks and bilateral agreements for mutual recognition of marital status. International bodies like the Hague Conference on Private International Law facilitate harmonization within treaties, bearing in mind the considerations both of cultural diversity and uniformity in family law. This discussion heavily relies on international human rights standards, giving basic guidance in bringing religious practices to reconcile principles of equality and justice. This paper analyses the intricacies of international Muslim marriages, identifies relevant legal conflicts, discusses the role of human rights law, and further presents mechanisms for the effective harmonization of legal provisions for spouses worldwide. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 389-404. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE INTERSECTION OF CUSTOMS AND LAW: EVALUATING THE EFFECTS OF THE UNIFORM CIVIL CODE IN NORTHEAST INDIA

THE INTERSECTION OF CUSTOMS AND LAW: EVALUATING THE EFFECTS OF THE UNIFORM CIVIL CODE IN NORTHEAST INDIA Aniruddh Atul Garg, 3rd year law student at GLA University, Mathura Download Manuscript doi.org/10.70183/lijdlr.2024.v02.58 This paper will examine the effects of the Uniform Civil Code (UCC) in Northeast India, a region where personal laws are regulated by different customary laws or tribal practices. The UCC aims to promote the proper standardization of laws in the country, but it may be questioned by the people of the tribal communities as their laws are used to preserve their unique culture in society. The paper will further focus on the customary laws of Nagaland, Meghalaya, and Mizoram (based on adoption, marriage, guardianship, inheritance, etc) to reflect the importance of the preservation of their cultural diversity. The detailed comparative analysis between the UCC and the personal laws in Northeast India will denote the potential merits of the application of UCC accompanied by its parallel challenges including resistance from indigenous communities and conflicts with constitutional provisions such as Articles 244 and 244-A, Constitution of India, 1950. Moreover, the function of our judiciary has also been showcased in determining the balance between uniformity and cultural diversity. The paper also examines the framework for certain legal reforms, emphasizing the UCC and its adoption to achieve a balance between personal rights and community identities. Specifically, it underscores the significance of taking into account the cultural diversity in Northeast India, where tribal customs are an integral part of the social fabric. The conclusion prescribes that although the uniform civil code will enhance equality and national unity it should be followed with the scope of some flexibility that will not ultimately hinder the customary laws, practices, or the traditions of the tribal communities residing in Northeast India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 376-388 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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NAVIGATING CORPORATE COMPLEXITIES THE DIVERGENCE OF COMPANY LAW FROM GENERAL LEGAL PRINCIPLES

NAVIGATING CORPORATE COMPLEXITIES THE DIVERGENCE OF COMPANY LAW FROM GENERAL LEGAL PRINCIPLES Sania S. Bafna, B. B. A. LL.B. (Hons.), Jindal Global Law School Download Manuscript doi.org/10.70183/lijdlr.2024.v02.57 This paper explores the distinct nature of Company Law, which diverges from general legal principles through the implementation of specialized rules that supersede broader statutory frameworks. The focus is on how these unique provisions, tailored to address corporate complexities such as governance structures, shareholder rights, and board accountability, create a distinct legal environment for corporate entities. The analysis is centered around the Companies Act, 2013 (India), particularly sections 166 (Duties of Directors) and 179 (Powers of the Board), which exemplify how company law overrides general legal principles in favor of detailed, corporation-specific regulations. The landmark case Salomon v. A. Salomon & Co. Ltd.[1] Is used to demonstrate the principle of separate legal personality, illustrating a key divergence from traditional legal doctrines, particularly in matters of liability and corporate autonomy. The study further examines the corporate veil doctrine, exploring its application through cases such as Adams v. Cape Industries Plc.[2] and Prest v. Petrodel Resources Ltd.,[3] To understand the circumstances under which courts may pierce the corporate veil, revealing the interplay between specialized company law provisions and general legal principles. A comparative analysis of regulatory frameworks in India, the UK, and the US is conducted to assess how specific statutory exceptions influence corporate governance and board accountability. This paper draws on authoritative texts like Gower’s Principles of Modern Company Law and Bainbridge’s Corporate Law: Theory and Practice to frame these deviations within a broader legal context. The hypothesis guiding this paper is that the specialized nature of company law, particularly its statutory exceptions and detailed regulations, reflects a deliberate legal strategy to balance corporate autonomy with accountability. By prioritizing tailored governance structures over-generalized legal frameworks, company law not only addresses the unique needs of corporate entities but also poses significant implications for the coherence and consistency of the broader legal system. The paper concludes by evaluating these implications, considering whether the exceptions in company law strike an effective balance between specialized regulation and general legal principles, or whether they create unintended complexities within the legal landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 357-375. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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DOCTRINE OF RES JUDICATA UNDER SECTION 11 OF CODE OF CIVIL PROCEDURE, 1908 (CPC): A DETAILED EXAMINATION OF ITS SCOPE, CONSTRUCTIVE RES JUDICATA, AND DISTINCTION FROM ISSUE ESTOPPEL

DOCTRINE OF RES JUDICATA UNDER SECTION 11 OF CODE OF CIVIL PROCEDURE, 1908 (CPC): A DETAILED EXAMINATION OF ITS SCOPE, CONSTRUCTIVE RES JUDICATA, AND DISTINCTION FROM ISSUE ESTOPPEL Vansh Saha, B.A.LLB – 2nd Year, Chanakya Law College, Affil. to Kumaon University, Nainital Download Manuscript doi.org/10.70183/lijdlr.2024.v02.56 The doctrine of Res Judicata, codified under Section 11 of the Code of Civil Procedure (CPC), is a fundamental principle aimed at ensuring the finality of judicial decisions. It prevents parties from re-litigating issues already decided by a competent court, thus promoting judicial economy, reducing frivolous litigation, and upholding the sanctity of judicial pronouncements. Rooted in the maxim nemo debit bis vexari pro una et eadem causa (no one should be vexed twice for the same cause), this doctrine ensures that once a matter is finally adjudicated, it attains legal finality, protecting individuals from endless litigation. A significant extension of this principle is the concept of constructive Res Judicata, which addresses issues that were not directly adjudicated but could and should have been raised in the earlier proceedings. Constructive Res Judicata, as recognized by Indian courts, ensures that litigants cannot evade the bar by omitting certain claims or defenses in the original suit. This principle has gained relevance with the increasing complexity of cases involving multiple parties, causes of action, and legal forums. Landmark judgments such as Arun Kumar Agarwal v. Union of India, Savitri Devi v. District Judge, and Daryao v. State of U.P., have elaborated on the doctrine, emphasizing its role in promoting judicial efficiency and certainty. The research also examines the distinction between Res Judicata and issue estoppel. While Res Judicata bars the re-litigation of an entire cause of action, issue estoppel prevents the re-litigation of specific issues already decided, even if the cause of action differs. This distinction is crucial in criminal and civil proceedings, ensuring clarity in their application. Despite its utility, the doctrine faces challenges in modern jurisprudence. One significant challenge is the tension between the need for finality and the pursuit of justice. Instances where new evidence emerges or where legal principles evolve pose difficulties in rigidly applying Res Judicata. Courts are often tasked with striking a balance between procedural efficiency and substantive justice, ensuring that the doctrine does not become an impediment to fairness. Another critical area is the doctrine’s interplay with constitutional law. In cases involving public interest litigation (PIL) or fundamental rights, courts have occasionally deviated from Res Judicata to prioritize substantive justice. For instance, the Supreme Court in Rupa Ashok Hurra v. Ashok Hurra recognized the need for a balance between legal finality and the evolving nature of justice. This paper concludes by proposing reforms to enhance the applicability of Res Judicata in India’s dynamic legal landscape. By addressing its limitations and ensuring a balance between finality and justice, the doctrine can continue to uphold its foundational role in the civil justice system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 338-356. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE UNIFORM CIVIL CODE OF UTTARAKHAND: A LEGAL & CONSTITUTIONAL ANALYSIS

THE UNIFORM CIVIL CODE OF UTTARAKHAND: A LEGAL & CONSTITUTIONAL ANALYSIS Manik Tindwani Download Manuscript doi.org/10.70183/lijdlr.2024.v02.56 The Uniform Civil Code (UCC) in India, as envisioned in Article 44 of the Constitution, seeks to unify personal laws across diverse communities to ensure equality and justice. The Uttarakhand UCC, 2024, represents the first state-level implementation of this vision, sparking intense debate over its constitutionality, inclusivity, and social impact. This paper critically examines the Uttarakhand UCC’s legal framework, highlighting its progressive elements such as prohibitions on polygamy and child marriage, equal inheritance rights, and mandatory registration of live-in relationships. However, it also exposes significant limitations, including exemptions for Scheduled Tribes, the perpetuation of gender biases in marriage age, and controversial regulatory provisions on personal relationships. The research emphasizes the Code’s potential to conflict with central laws, infringe on fundamental rights, and undermine India’s pluralistic ethos. By analyzing the Uttarakhand UCC in the context of Goa’s Portuguese Civil Code and historical UCC debates, the paper underscores the challenges of implementing uniform laws in a diverse society. It advocates for gradual and inclusive reforms to address discriminatory practices in personal laws, promoting gender justice and social harmony while respecting cultural diversity. Ultimately, the paper calls for an iterative, participatory approach to UCC implementation, balancing equality and individual freedoms with India’s constitutional values of secularism and diversity. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 302-337. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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EFFECTIVENESS OF INFORMATION TECHNOLOGY ON TAX ADMINISTRATION IN INDIA

EFFECTIVENESS OF INFORMATION TECHNOLOGY ON TAX ADMINISTRATION IN INDIA Mohit Jubin shah, BCOM LL. B (Hons.) Corporate Law 4th year Download Manuscript doi.org/10.70183/lijdlr.2024.v02.55 The integration of Information Technology (IT) in tax administration has emerged as a pivotal factor in enhancing the efficiency, transparency, and compliance of tax systems worldwide. This paper examines the effectiveness of IT in the Indian tax administration framework, exploring its historical evolution, recent advancements, and the impact of digital initiatives such as e-filing, the Goods and Services Tax Network (GSTN), and data analytics. The study highlights significant improvements in taxpayer services, accuracy in data reporting, and the overall efficiency of tax collection processes. However, it also identifies critical challenges, including infrastructure gaps, cybersecurity risks, and resistance to technological adoption among taxpayers and officials. Comparative analyses of tax systems in developed countries reveal valuable lessons for India, particularly in leveraging emerging technologies like artificial intelligence and blockchain. Policy recommendations focus on enhancing digital infrastructure, investing in cybersecurity, and fostering a culture of technological adoption among stakeholders. The findings emphasize the need for continuous improvement and innovation in IT systems to achieve a more effective and equitable tax administration in India, ultimately contributing to better compliance and enhanced government revenue. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 282-301. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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