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Cohabitation

EFFECT ON MARRIAGE IN THE ADVENT OF LEGAL RECOGNITION OF LIVE IN RELATIONSHIP

EFFECT ON MARRIAGE IN THE ADVENT OF LEGAL RECOGNITION OF LIVE IN RELATIONSHIP M. Yesaswini Sai Nikitha, Student at Dr.B.R.Ambedkar College Of Law, Andhra University Download Manuscript ABSTRACT Marriage is an ancient sacred institution which is followed by the Indians as part of their own traditions and cultural beliefs. It has utmost importance and in all almost all the religions in India it is performed according to their own culture. This matrimonial institution regulates the relationship between a man and a woman and specifies their rights and duties. The concept of live in relationship is not an ancient practice that is been in India for ages. It is the relation in which a male and a female who are unmarried live under the same roof. This concept is one of the modern cultures that have been adopted from the foreign countries, especially originated in the western nations. This bond of live in relation has slowly evolved and being practised by many Indians. But it’s not completely accepted by the citizens of India as many of the families are with conservative attitude. It’s mostly found in urban cities but not largely observed across rural towns. If they are discovered also, mostly these kinds of associations are maintained in secrecy. So, the issue arises, whether these live in relations are legal or not. And if they are considered lawful what is the effect of these unmarried associations on the matrimonial institution. How the children’s rights and status, who are produced from the above said relation, can be determined and which law regulates the live in relation is the main query that arises. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 352-374. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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VERACITY OF LIVE IN RELATIONSHIP IN INDIA

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

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UNIFORM CIVIL CODE & ITS IMPORTANCE

UNIFORM CIVIL CODE & ITS IMPORTANCE Vedang Kapoor, 10th Semester student at Amity Law School, Lucknow. Dr. Rajeev Kumar Singh, Assistant Professor at Amity Law School, Lucknow Download Manuscript ABSTRACT The Uniform Civil Code (UCC) remains a perennial hotbed of debate in India, embodying the intricate interplay between cultural multiplicity and the foundational tenets of equality and justice enshrined in the constitution. This treatise delves into a meticulous examination of the UCC, tracing its historical metamorphosis, constitutional moorings, and present-day pertinence. Through a scrupulous dissection of the pro and contra arguments surrounding the UCC, this inquiry seeks to illuminate its prospective ramifications on national integration, gender parity, and juridical homogeneity. By leveraging comparative analyses from nations with established uniform civil statutes, the research delineates both the auspicious prospects and inherent obstacles tied to the UCC’s enactment. Exemplary cases from countries such as Turkey and France highlight the potential of such codifications to advance egalitarianism and societal concord, whereas cautionary narratives underscore the labyrinthine challenges posed by cultural plurality and religious nuances. Additionally, the study outlines future research trajectories aimed at enhancing comprehension and manoeuvring through the intricate UCC discourse. By encouraging judicious decision-making and addressing societal apprehensions, policymakers can steer a course that upholds the principles of pluralism, equality, and justice within India’s diverse societal fabric. Through collective endeavours and pragmatic methodologies, the UCC discourse has the potential to act as a catalyst for substantive social transformation and advance towards a more equitable legal edifice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 11-29. 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 EVOLUTION OF WATER RIGHTS: LAWS AND RESOURCE MANAGEMENT IN INDIA

THE EVOLUTION OF WATER RIGHTS: LAWS AND RESOURCE MANAGEMENT IN INDIA Suyash Singh, Student of ICFAI Law School, ICFAI University, Dehradun Dr. Vivek Kumar, Assistant Professor of ICFAI Law School, ICFAI University, Dehradun Download Manuscript ABSTRACT Water, an invaluable natural resource, faces grave threats due to escalating demands and environmental pressures. The burgeoning human populace places immense strain on water resources, leading to a looming spectrum of scarcity. By safeguarding the purity of water, we not only secure our future but also ensure the continued vitality of the planet and all its inhabitants. In the realm of water rights in India, this study delves into the evolution of laws and resource management practices. By examining the historical development of water rights legislation, the research aims to elucidate the objectives, methods, and key findings about the intricate web of policies governing water usage. Through a comprehensive analysis, this study seeks to shed light on the evolution of water rights in India, providing valuable insights into the legal framework and resource management strategies in place. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 01-10. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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HUMAN RIGHTS PROTECTION IN ARMED CONFLICTS : EMERGING LEGAL FRAME WORKS

HUMAN RIGHTS PROTECTION IN ARMED CONFLICTS : EMERGING LEGAL FRAME WORKS Devika Raj, Student at Symbiosis Law School, Nagpur. Download Manuscript ABSTRACT Humankind is the most necessitated embodiment that is perceived to be of utmost importance in the world however the very premise of Armed Conflicts carves a conflictual niche towards people working for the preservation of the basic tenet of the existence of humans i.e. Human Rights. The very constructive presupposition entails that every single human being is entitled to the protection of their well-being however, the contrary becomes an aspect of normalcy during times of war. Humans themselves brazenly curtail the liberties of others thereby creating a situation of havoc. One country tends to overpower the other country by the very factum of politicization and other components. The presence of International Humanitarian Law instills the presence of regulations that countries engaged in armed conflicts need to necessarily abide by that would ubiquitously be there in force and all the state and non-state actors need to abide by it. The rules are designated to protect civilians and humanitarian and medical workers during armed conflicts in any part of the world. Without them, there would be no international standards at all for this. Many violations of human rights constitute genocide, war crimes, or crimes against humanity. The very presence of International Human Rights Law is variedly the topic of discussion on a global platform. The United Nations strives to strike a balance between the enactment of peace and the preservation of the Human Rights of the people that substantially become a subject of wars and hence the prominence of Legality seeps in and regulations that require the preservation of Human Rights are of paramount importance to be put forth. In this manuscript, We would first talk about Humanitarian Law and International Human Rights. Then, we would emphasize on the functioning of Red Cross and pose the practicality and if it is complying by the image presented, Talk about the history of well-known armed conflicts and know about the history of Israel & Palestine and Ukraine & Russia. We would also talk about the functioning of The International Court of Justice for the preservation of the tenets of the Human Rights and then also question its credibility, Then, We would observe India’s front upon the global violation of Human Rights variedly. At last, We would conclusively sum up the profuse implications of the violation of Human Rights and its effect on the global platform. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 762-775. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ASSESSING THE INEFFICIENCY OF DEBT RECOVERY TRIBUNALS

ASSESSING THE INEFFICIENCY OF DEBT RECOVERY TRIBUNALS Tanya Gupta, Student at Amity University Rajasthan. Shreya Nayak, Student at Amity University Rajasthan. Download Manuscript ABSTRACT Debt recovery is a crucial aspect of financial systems worldwide, ensuring the smooth functioning of economies by mitigating risks associated with unpaid debts. In the Indian context, Debt Recovery Tribunals (DRTs) were established with the aim of expediting the recovery of debts by banks and financial institutions. However, despite their inception, DRTs have faced criticism for their inefficiency in resolving disputes and recovering debts promptly. This paper aims to analyze the factors contributing to the inefficiency of DRTs in India through a comparative analysis with global practices. Additionally, it explores potential reforms to enhance the effectiveness of DRTs and improve debt recovery mechanisms in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 751-761. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DATA PRIVACY IN THE DIGITAL ERA: EVALUATING INDIA’S REGULATORY LANDSCAPE

DATA PRIVACY IN THE DIGITAL ERA: EVALUATING INDIA’S REGULATORY LANDSCAPE Balaji Vignesh, LL.B 3rd year 6th semester Student Download Manuscript ABSTRACT In the current digital age, data privacy has emerged as a critical issue that has prompted governments all over the globe to pass strict laws to protect people’s personal data. India, a nation with a fast-expanding digital economy, has put in place a number of legal measures to address data privacy after realising how important it is. This study offers a thorough examination of India’s data privacy legislation and regulatory environments. It follows the development of the nation’s data protection laws, highlighting significant laws including the 2019 Personal Data Protection Bill. The regulatory environment that now governs data privacy is examined in this study, along with the function of regulatory bodies and enforcement tools. It also looks at how these rules may affect people’s lives, companies, and India’s larger digital economy. The research paper also offers a comparison analysis of international data privacy rules, emphasising areas of agreement and disagreement. It clarifies the practical implications of data privacy regulations on a range of stakeholders with case studies and real-world examples. The report concludes by discussing upcoming trends and difficulties in the regulation of data privacy and highlighting the significance of strong legislation for India’s digital development. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 732-750. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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INTELLECTUAL PROPERTY IN THE DIGITAL AGE

INTELLECTUAL PROPERTY IN THE DIGITAL AGE Akhila Anand, BBA LLB, 10th semester student at School of Legal Studies, CUSAT. K Gopika, BCOM LLB, 10th semester student at School of Legal Studies, CUSAT. Download Manuscript ABSTRACT In the digital age, the concept of Intellectual Property Rights (IPR) is undergoing a profound transformation. The surge in digital content creation and dissemination has given rise to a myriad of challenges and opportunities. This paper delves into the dynamic landscape of IPR, focusing on key issues and innovations. It explores the complexities of copyright protection in the digital realm, the intricacies of patent rights in an era of rapid technological advancements, and the emergence of novel forms of intellectual property. As the digital age reshapes traditional notions of creativity, access, and innovation, it is imperative to strike a delicate balance between safeguarding creators’ rights and fostering an environment that encourages the free flow of knowledge and ideas. This research sheds light on the evolving domain of IPR, offering fresh perspectives on how it intersects with technology and society, thereby paving the way for a sustainable future in the digital era. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 719-731. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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STATUS OF WOMEN IN TODAY’S SOCIETY

STATUS OF WOMEN IN TODAY’S SOCIETY Abhishek Mishra, Student, Amity Law School, Amity University Uttar Pradesh, Lucknow. Dr. Shova Devi, Asst. Professor, Amity Law School, Amity University Uttar Pradesh, Lucknow Download Manuscript ABSTRACT “You can tell the condition of a nation by looking at the status of its women”.[1] In the past, women occupied positions of great status. Later in life, her situation declined. It appears that most women still do not have equal standing. The issues of women and gender justice have persisted throughout all periods of social development history. The social and economic standing of the nation shifts when women’s status improves. Women have a significant role in our society. From the moment of birth till the end of their lives, they perform a multitude of important functions in our society. She may have played every function and completed every task in today’s world promptly and effectively, yet she is still powerless as males continue to be the dominant gender in society. Women’s status is a difficult topic to describe and a complex issue. The position of women varies greatly throughout societies and cultures worldwide. An Indian woman possessed four distinct roles and statuses. She fulfilled these duties as a mother, a housewife, a wife, and a daughter. Wide-ranging changes are already occurring for women, whose position and role in society were once well defined and nearly unchangeable. Approximately 50% of the world’s population is female. Globally, a sizable portion of women are unemployed. Due to women’s unequal opportunities at work, the global economy suffers greatly. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 816-827. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ASSESSING THE EFFICACY OF LEGAL FRAMEWORK ASSOCIATED WITH THE PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA

ASSESSING THE EFFICACY OF LEGAL FRAMEWORK ASSOCIATED WITH THE PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA Yashvardhan Nagesh, LL.M Student at Amity Law School Lucknow, Amity University Uttar Pradesh. Dr. Shova Devi, Asst. Professor, Amity Law School, Amity University Uttar Pradesh, Lucknow Download Manuscript ABSTRACT Traditional Knowledge encompasses skills, technical know-how, practices regarding use of biological resources etc. accumulated and possessed by Indigenous communities since time immemorial. The unbridled globalization driven by technological advancements have intensified the risk of exploitation of traditional knowledge, wherein the corporate entities misappropriate traditional Knowledge for monetary gains without offering compensation to and obtaining consent of holders of Traditional Knowledge. The present research endeavour seeks to assess the efficacy of relevant domestic laws applicable to protection of traditional knowledge. It shall further discuss the challenges confronting protection of traditional knowledge with special reference to unethical practice of Biopiracy. It shall also shed light upon the recent judgement of the Hon’ble High Court of Uttarakhand in Divya Pharmacy v Union of India. Lastly, the author shall summarize the key research findings arrived at the end of research endeavour. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 808-815. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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