LIJDLR

Article 21

VERACITY OF LIVE IN RELATIONSHIP IN INDIA

Volume II Issue II /

VERACITY OF LIVE IN RELATIONSHIP IN INDIA Kamaljeet Kaur, Student at University Five Year Law College, University Of Rajasthan, Jaipur Download Manuscript ABSTRACT As the Article 21 of the Indian Constitution says “No person shall be deprived of his life or personal liberty except according to procedure established by law.”1  After the landmark judgement of Apex court in Navtej Singh Johar vs Union Of India  case  Article 21 also includes in its ambit the right to live with the partner of your choice.  Starting to Study  with the Historical Perspectives of marriages and live in relationships in India it can be concluded that despite of not having any specific legislations, the rulings of the Hon’ble Apex Court and The High[1] court stands as a milestone and ruling to protect and provide rights to live in relationship cohabiting couples. Furthermore the live in relationship is not only circumscribed in the definition of cohabitation of two hetero or homosexual persons being legally married but there can be many reasons for which this relationship starts. This can include examining compatibility, division of expenses, financial independence, checking the dispute resolution, emotional support   and many more according to the needs before formalizing this relationship into a legal marriage. Central to this paper is the legal and constitutional frameworks ranging from rights, precedents to legislations for resolving the disputes arousing with the passing time and increasing trend and protection of woman especially who are then neglected by society. The legislations include the Domestic Violence Act (2005), alimony, financial and property laws. Later on there comes speed breakers (challenges and concerns) that are need to be resolved. By drawing insights from worldwide and comparing the legislations of India with other countries like Brazil, France, USA, New York, Scandinavian countries valuable perspectives on alternative approaches to regulating and recognizing live-in relationships can be concluded. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 293-309. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

VERACITY OF LIVE IN RELATIONSHIP IN INDIA Read More »

DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES

Volume II Issue II /

DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES Lakshay Gupta, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Shaivi Agnihotri, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Download Manuscript ABSTRACT Caste and religious decals on cars have drawn a lot of attention, particularly considering the Uttar Pradesh police’s recent enforcement campaign against them. Numerous court rulings and orders have emphasised the ban on these decals, highlighting issues with social harmony and public order. Nonetheless, objections to these prohibitions have been made, pointing out that the Indian Constitution’s fundamental rights have been violated. Three fundamental rights—Article 14 (Equality before the law), Article 19 (Freedom of speech and expression), and Article 21 (Protection of life and personal liberty)—intersect with the ban on caste and religious decals. Since Article 14 guarantees equality and the protection of the law, banning these decals might be unfair and discriminatory. It is implied that prohibiting these decals may limit expression, association, and identity assertion whereas, Article 19 protects the freedoms of speech, association, and movement. The protection of the right to life and liberty, which includes autonomy and dignity, is provided by Article 21. This right may be jeopardised by restricting speech and upholding discrimination. These prohibitions are still in effect despite legal challenges, and violations are subject to fines under certain provisions of the Motor Vehicle Act. But since the Act doesn’t specifically forbid caste or religious decals, it’s unclear whether the fines levied for their display are justified. Furthermore, the Act usually permits small modifications, such as stickers, provided they don’t change the fundamental design of the vehicles. The prohibitions on religious and caste decals seek to address social issues, but to be justified as constitutional, they must pass the reasonableness test. Navigating this complicated issue requires striking a balance between societal interests and individual freedoms to protect both that is our fundamental rights and advance inclusivity and social harmony. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 215-225. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES Read More »

TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE

Volume I Issue II /

TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE Disha Bhalla, First-year student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Download Manuscript ABSTRACT Recently, the Jallikattu Practice performed in the State of Tamil Nadu had a rollercoaster ride. Jallikattu in Tamil Nadu, Bullock-cart racing in Maharashtra, and Kambala in Karnataka are culturally infused bull-taming sports performed in these states. Their legality has been a subject of challenge for years now. The apparent conflict between the infliction of harm on animals and humans involved, and the cultural significance of the sport/s has left the judiciary in hot water. Despite this, the judiciary has finally derived some crucial conclusions in this regard.  But to grasp the spirit of the issue, understanding the legal background stands as a requisite. This Article aims at analyzing the timeline of events and providing an overview of the legality of the Jallikattu practice. From the basic understanding of what the practice is to the analysis of the historical decision recently held in the Animals Welfare Board of India v. Union of India[1], this Article aims at providing an understanding of all. All this started with a Writ Petition filed against this conventional practice in 2014, which eventually got the Practice struck down. However, protests by the performers reignited the issue. The final verdict has been at the long haul ever since.  But the wait is finally over, with the hoped-for recent judgment of a Constitutional bench of the Apex court substantiating their conclusions and turning the tables. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 55 – 63 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS

TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE Read More »

RECOGNISING PROSTITUTION AS A PROFESSION AND PROTECTING ITS DIGNITY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION​

Volume 1 Issue 1 /

RECOGNISING PROSTITUTION AS A PROFESSION AND PROTECTING ITS DIGNITY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION NIKITA AMBWANI & RUPALI CHAUHAN, LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Download Manuscript ABSTRACT In a culture where patriarchal traditions are strongly upheld, the question of whether or not sex work (including prostitution) should be recognised as a career remains contentious. Every time it’s used, the phrase “prostitution” conjures up all the negative connotations that go along with it. Efforts to respect, protect, uphold, and promote the rights of sex workers must be based on their status as individuals and citizens with rights guaranteed by the Constitution, which has received increased attention in recent years due to a growing debate on the topic at both the international and domestic levels. The Supreme Court of India has also issued guidelines to help sex workers live with respect in the country. In the first section of this study, we see that prostitution has long been an integral part of Indian culture. After that, a discussion of the constitutional protections that safeguard the rights of sex workers is provided, and finally, the myths and realities that surround prostitution are discussed. Policymaking strategy recommendations are provided in the last section of the study report. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume 1, Issue 1, Page 1 – 10 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT

RECOGNISING PROSTITUTION AS A PROFESSION AND PROTECTING ITS DIGNITY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION​ Read More »