LIJDLR

Constitution of India

ILLEGAL SAND MINING IN INDIA

Volume III Issue I /

ILLEGAL SAND MINING IN INDIA Aishwarya G,KSLU Download Manuscript doi.org/10.70183/lijdlr.2024.v03.9 India is a mega-diverse geographical country. Our environmental contribution to its rich biodiversity is protected by our strong legal framework. Despite its richness, we face multiple threats and challenges to our environmental sustainability. One among them is illegal sand mining, due to which environmental sustainability is affected and leads the invaluable assertions on economic & ecological growth. Here, as a socially ethical member of the society, we are discussing the efforts to curb illegal sand mining and balance ecological preservation for sustainable growth of the environment and examining the repercussions and other socio dynamics as the involvement of sand mafias. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 178-189. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE RELEVANCE OF CAPITAL PUNISHMENT IN INDIAN CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS

Volume II Issue II /

THE RELEVANCE OF CAPITAL PUNISHMENT IN INDIAN CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS Pratyush Mahapatra, LAJPAT RAI LAW COLLEGE, SAMBALPUR UNIVERSITY Download Manuscript The concept of life is profoundly significant, intertwining morality, justice, and the implications of wrongdoing. Capital punishment, or the death penalty, is a highly contested form of punishment where a person is executed by the state for a crime. This paper examines the introduction and evolution of capital punishment in India’s criminal justice system, analyzing arguments for and against it. It explores international law compliance, judicial precedents, and significant reports shaping its implementation in India. Historically, the death penalty has roots in ancient Hindu and Islamic laws and was prevalent during the Mughal Empire. In modern India, it is reserved for the rarest of rare crimes. Arguments favoring the death penalty include deterrence and moral retribution, while opponents highlight the risks of grave injustice, lack of selectivity, and ineffectiveness in curbing crime. Global trends show a movement towards abolition, with many countries reducing or eliminating its use. The paper underscores the need for judicial reforms, life imprisonment without parole, and education programs as alternatives to the death penalty, advocating for a shift towards more humane and restorative forms of justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,259-1,278. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE SHADOW ECONOMY: UNVEILING THE WHITE-COLLAR CRIMES IN INDIAN LEGAL SYSTEM WITH A CRITICAL ANALYSIS

Volume II Issue II /

THE SHADOW ECONOMY: UNVEILING THE WHITE-COLLAR CRIMES IN INDIAN LEGAL SYSTEM WITH A CRITICAL ANALYSIS A I SUGANDESH, 3rd year BALLB law student Government Law College, Dharmapuri affiliated to Tamil Nadu Dr. Ambedkar Law University Download Manuscript This research provides a concise overview of white-collar crimes in India, exploring the historical background of the recent scams related to white-collar crime in India and with the significant reports and the case laws. The legal framework in the conduct of white-collar crimes lacks a rigid structure. When the world encountered business and technological development the presence of white-collar crimes rapidly increased, and to restrain it a strong structure of law was imposed. This paper examines the causing factors of white-collar crime in our society which includes the influences, of economic, financial, and political. And also explores the various types of white-collar crime in our society. The conclusion of various reports in the analysis of white-collar crime in the cases made a significant change in some aspects of the law. The stringent law to curb the conduct of crime in the economy has a heinous adverse effect on the nation’s economy. And discusses the practice of misconduct of financial crimes by the higher classes and the professional scams that take place. This research paper concludes with an analysis of the white-collar scams in India by providing an overview of the conduct of white-collar crime with a significant case analysis. In summary, this research paper provides a valuable resource for researchers and legal practitioners seeking to understand white-collar crimes and the conduct of white-collar crimes related to the structural legal system of India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,245-1,258. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GUARDING FEMALE EMPLOYEES AGAINST SEXUAL HARASSMENT IN WORKPLACE

Volume II Issue II /

GUARDING FEMALE EMPLOYEES AGAINST SEXUAL HARASSMENT IN WORKPLACE Anukriti Mathur, LLM Student at HPNLU Download Manuscript Traditionally, the man was responsible for hunting and performing duties outside the four walls while the woman was responsible for overseeing affairs within the four walls. But with increasing formal education for females, the female workforce too increased creating parity between genders in the working class. The increased participation of females in offices, factories, and mines also created a need for a separate mechanism for speedy redressal of abuse of sexual nature at the workplace. Sexual harassment leads to frequent dropouts by females and affects the productivity of female employees. The lawmakers in the interest of economic growth devised enactment to provide a safe work environment for females in both organized and unorganized sectors. The framers of the Constitution provided for safeguarding for females in all walks of life. Additionally, the Indian Penal Code along with Criminal Amendment Act 2013, expanded the definition of sexual harassment and made it a criminal offence. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,233-1,244. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ARTICLE 19: A CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA

Volume II Issue III /

ARTICLE 19: A CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA Mayank Upadhyay, 3rd semester Student pursuing BALLB from GGSIPU DELHI. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.37 Article 19[1] of the Indian Constitution guarantees citizens the fundamental right to freedom of speech and expression. This right is considered the foundation of democracy, enabling individuals to express their opinions freely, which is essential for a participatory and transparent government. Over the years, the Supreme Court of India has elaborated on this right, weighing it against other constitutional values such as public order, decency, morality, and state sovereignty. However, this freedom is not without limits, and reasonable restrictions are in place, leading to significant legal debates and judicial interpretations. Landmark cases like Maneka Gandhi v. Union of India and Shreya Singhal v. Union of India[2] have significantly influenced the understanding and scope of this fundamental right. Recently, challenges such as hate speech, misinformation, and digital censorship have further complicated the practical application of Article 19. This article critically examines the evolving judicial discourse surrounding Article 19, recent legislative trends, and the ongoing challenges to free speech, aiming to provide a thorough perspective on its impact on Indian democracy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 632-646. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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MARRIAGE EQUALITY: THE TRIUMPH OF SAME-SEX MARRIAGE

Volume II Issue II /

MARRIAGE EQUALITY: THE TRIUMPH OF SAME-SEX MARRIAGE Uddeshya Dhakad, B.A., LL.B. (Hons.), V Semester, University Five Year Law College, University of Rajasthan, Jaipur. Nitin Kumar, B.A., LL.B. (Hons.), V Semester, University Five Year Law College, University of Rajasthan, Jaipur. Download Manuscript Ancient scriptures and changing social mores form the foundation of India’s complicated history of the fight for marriage equality. Despite progress in LGBTQ+ rights around the world, India has encountered formidable societal and legal obstacles. It would appear that ancient Indian society was more accepting of same-sex relationships, but homosexuality was criminalized in post-colonial regulations, particularly Section 377 of the Indian Penal Code. The Supreme Court of India struck a major victory for LGBTQ+ rights in 2018 by repealing this law. Still, same-sex weddings are not permitted in India, no matter how far the country has come. The continuous fight for marriage equality is reflected in the current Judgment of the SC, which rejected the legalization of same-sex marriages. Although it does not go far enough, the court has proposed establishing a group to examine expanding legal protections for same-sex couples. As a result of the decision’s uncertainty and continuation of discrimination, campaigners and LGBTQ+ individuals are disappointed. Attitudes towards homosexuality in India have been impacted by cultural and religious factors. Equal rights and elimination of discrimination grounded on “sexual orientation” can only be achieved through the legal acceptance of same-sex marriage. Justice, equality, and the value of each person’s independence and freedom are all tenets of the Constitution, and this measure complies with them. There are several legal, cultural, and historical obstacles in India’s way to marital equality. Even though we have come a long way, like when homosexuality was decriminalized, the struggle for equal marriage rights is far from over. In order to achieve genuine equality and ensure that LGBTQ+ individuals can live with respect and dignity, there must be legislative reforms and public acceptance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 795-823. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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