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Discrimination

HATE SPEECH VS. FREEDOM OF EXPRESSION: STRIKING THE RIGHT BALANCE IN A DIVERSE SOCIETY

HATE SPEECH VS. FREEDOM OF EXPRESSION: STRIKING THE RIGHT BALANCE IN A DIVERSE SOCIETY Romika Narotra, Student at Amity University Noida Download Manuscript ABSTRACT This research paper delves into the complex lawful and moral situations encompassing hate speech in India, centring on the fragile balance between safeguarding free speech and combating discrimination. The paper starts by looking at the constitutional framework that ensures the right to freedom of speech and expression in India, compared with the basic to anticipate hate speech that prompts violence and separation. It dives into the authentic and sociopolitical setting that has formed the talk around hate speech in India, investigating the intersectionality of caste, religion, and ethnicity in fuelling unfair talk. The paper fundamentally analyses the existing legitimate instruments in India for tending to hate speech, including provisions beneath the Indian Penal Code and the Information Technology Act. It moreover assesses the effectiveness of these laws in controlling hate speech and holding culprits responsible. Moreover, the paper investigates the ethical contemplations characteristic in directing hate speech, such as the pressure between protecting marginalized communities and maintaining the standards of free speech. Drawing on case thinks about and comparative analyses, the paper offers insights into potential changes and approach suggestions to explore this legal and moral minefield. It advocates for a nuanced approach that maintains free speech whereas heartily combating hate speech through focused on legislation and proactive requirement mechanisms. Eventually, the paper looks for to contribute to the progressing talk on hate speech in India and offer a roadmap for safeguarding free speech whereas promoting a more inclusive and equitable society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 341-351. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEEPFAKE TECHNOLOGY AND LEGAL ISSUES

DEEPFAKE TECHNOLOGY AND LEGAL ISSUES Deeksha Kumari, LLM STUDENT (IMS UNISON UNIVERSITY DEHRADUN) Download Manuscript ABSTRACT The advent of social media has united the entire world into one enormous country. We have access to news from all around the world because of the internet. A few years ago, a unique approach that made it simple to edit photos and films emerged, providing incredible technology that entertained people. This method, which was first employed by people to amuse or play practical jokes on others, swiftly evolved into one of the riskiest things available on the internet right now. The deep-learning technology used in deep fakes has turned the internet into a trap. This study paper aims to comprehend the effects that deep fakes have on society, talk about the laws that prohibit these kinds of actions, and raise awareness about the sharing of these kinds of contents. As English clergyman Thomas Fuller said, “Seeing is believing,” yet when it comes to deep fakes, one can no longer trust what they are seeing. Deep fakes are dangerous for both society and individual privacy because of this. They are inexpensive to produce, but when used improperly, they have the power to sway public opinion, control large crowds to incite discontent in the community, and lead to invasions of privacy, to mention a couple of their problems. The existing legal framework in India does not adequately address cyber offenses resulting from the usage of deep fakes. It is challenging to adequately govern the use of artificial intelligence, machine learning, and deep fakes due to the absence of specific regulations relating these technologies in the IT Act, 2000. It could be essential to amend the IT Act, 2000 to include sections that expressly address the use of deepfake and the penalties for their misuse in order to better regulate offenses caused by them. This would entail tougher legal safeguards for people whose likenesses or photos are exploited without their permission, as well as harsher punishments for those who produce or disseminate deep fakes with malevolent intent. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 234-251. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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INCLUSIVE JUSTICE: A CRITICAL ANALYSIS OF GENDER-NEUTRAL RAPE LAWS IN INDIA

INCLUSIVE JUSTICE: A CRITICAL ANALYSIS OF GENDER-NEUTRAL RAPE LAWS IN INDIA Srishti Murali, BBA LL.B (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore Nrupalaa Kumar, B BA LL.B (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore Download Manuscript ABSTRACT This paper critically analyses the need for implementing a gender-neutral rape provision in India to encompass the diverse experiences of survivors and perpetrators. The primary aim of this research is to underscore the necessity of transitioning towards gender-neutral rape laws in India. The paper seeks to challenge the antiquated belief that gender plays a role in the determination of parties of sexual violence and instead argues for the law to recognize the varied experiences of individuals without considering gender as a critical factor. Further, this study addresses the changing social mindset and dynamics and its role in a gender-neutral provision. This paper seeks to unveil the limitations of gender-specific laws through a comprehensive review of existing legal frameworks, reports, and judgements. The paper reveals a systemic deficiency in current legal provisions, particularly in acknowledging the experiences of male survivors as well as victims of abusive same-sex relationships and dispelling the restrictive narrative that only women can be victims and only men can be the perpetrators. The results of the study argue that gender-neutral rape laws not only fill a crucial legal gap but also play a pivotal role in shaping societal attitudes towards sexual violence. It seeks to conclude that such a provision would align with the principles of justice and equity as envisaged in the Constitution by providing a legal remedy to all victims regardless of gender. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 221-233. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JURISDICTIONAL IMMUNITY

JURISDICTIONAL IMMUNITY Vinita Kumari, student of LL.M., Chanakya National Law University, Patna Download Manuscript ABSTRACT Jurisdictional immunity, a crucial concept in private international law, determines how much a state or its representatives can be held accountable by foreign tribunals. This concept is crucial in contemporary legal systems due to increased international trade, national interdependence, and cross-border conflicts. Jurisdictional immunity is a legal doctrine that exempts a state or its representatives from foreign court jurisdiction. This concept has been explored in private international law, revealing various aspects that contribute to its definition. Diplomatic immunity is essential for promoting international relations and allowing ambassadors to carry out their diplomatic duties without fear of legal repercussions. Sovereign immunity controls the immunity of governments and their representatives in various roles, including both state and diplomatic immunity. The researcher has found that human rights considerations highlight possible inconsistencies between the pursuit of justice and immunity claims. The issue of access to justice has become a crucial problem, since those seeking redress may encounter severe obstacles due to jurisdictional immunity. In this research paper, the author has identified the complex relationship between commercial transactions and immunity claims in the context of international trade and commerce, which may have implications for international business relations. The complex relationship between commercial transactions and immunity claims in global trade and commerce is crucial for international business relations. Future trends in jurisdictional immunity will be shaped by technological advancements, legislative reforms, and debates over state sovereignty and global governance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 200-220. 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 UNBORN CHILD : A JURISPRUDENTIAL ANALYSIS

STATUS OF UNBORN CHILD : A JURISPRUDENTIAL ANALYSIS Viraj Kumar, Third Year B.B.A LL.B.(H.) Student, Chanakya National Law University ABSTRACT Download Manuscript In delving into the subject of the “Status of Unborn Child” we shall attempt to unravel the complex legal dimensions surrounding the rights and standing of unborn children in the current world, in the belief of the evolving nature of societal attitudes, medical advancements, and cultural influences that have shaped historical perspectives of the unborn.  In today world, there is the presence of increasingly challenging issues in such areas as reproductive rights, medical technologies, and the rights of the unborn. In this backdrop, there is a growing need to understand the principles in jurisprudence that underlie the legal frameworks surrounding unborn children. Looking back through history, we can see how societal changes, advances in medicine, and changes in cultural norms have had a profound effect on the way in which the law refers to and deals with the rights of unborn children today. The basis for this project comes from the recognition of gaps in existing legal systems and a compelling need for a nuanced analysis that explores the rights and interests of both the expectant mother and the unborn, hence we delve into various jurisprudential theories in our pursuit of shedding light on the philosophical, ethical, and cultural dimensions that inform legal decisions concerning unborn children. Through case law, legislative provisions, and international perspectives, the research will contribute to a current discourse on reproductive rights that seeks to provide a theoretical foundation enhancing our understanding of the status of unborn children within a broader context of jurisprudence, with the ultimate view that this research will help formulate more informed and equitable legal frameworks ensuring a balanced and just approach to the rights of the unborn. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 182-199. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CORPORATE GOVERNANCE PRACTICES IN INDIA: A THEORETICAL ASPECT

CORPORATE GOVERNANCE PRACTICES IN INDIA: A THEORETICAL ASPECT Harshit Chowdhary,Student, XIM University, Bhubaneswar Download Manuscript ABSTRACT In this article, the author endeavours to delve into the evolution of corporate governance in India post the enactment of the Companies Act of 2013. This critical legislation introduced several key provisions aimed at strengthening transparency, accountability, and fairness in corporate entities. In this article, the author discusses and highlights the importance of notable changes, including the restructuring of board compositions, the designation of Key Managerial Persons (KMPs), the revised criterion for the appointment of the company’s auditor, and the establishment of essential committees within the prescribed class of companies, such as the audit committee, stakeholder relationship committee, nomination and remuneration committee, and corporate social responsibility committee while highlighting its impact on corporate governance. The author also highlights other measures introduced in addition to these changes to enhance governance, such as mandatory disclosure of directors’ interests, the creation of vigil mechanisms, tighter control over related party transactions, and the introduction of internal and secretarial audit requirements. Hence the Companies Act of 2013 significantly contributes to creating a more transparent, accountable, and fair corporate landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 173-181. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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SAFEGUARDING FEMALE WORKFORCE: CONCERNS LAWS PROTECTION & MEASURES

SAFEGUARDING FEMALE WORKFORCE: CONCERNS LAWS PROTECTION & MEASURES Kashish Agarwal, STUDENT, BBA LLB/ 3RD YEAR/ 6 SEM. Mohit Shah, STUDENT, BCOM/LLB/ 3YEAR/ 6 SEMESTER. Download Manuscript ABSTRACT Maintaining fundamental human rights and guaranteeing gender equality requires protecting women who work in the workforce. An overview of the issues, regulations, and safeguards relating to women working from the standpoint of labour law is given in this abstract. The main issues that female employees deal with are workplace harassment, unequal compensation, gender-based discrimination, and occupational dangers. Labour laws, which forbid discrimination, guarantee equal compensation for equal work, and set up procedures for handling grievances, are essential in addressing these issues. The legal foundation for defending the rights of female workers is provided by both worldwide labour standards established by organizations like the World Labour Organization and national labour legislation. Protections for the well-being and professional growth of female employees are further strengthened by particular regulations relating to maternity leave, parental leave, and workplace accommodations. However, challenges remain, such as incident underreporting, restricted access to legal recourse, and enforcement shortcomings. Comparative evaluations and illustrative case studies highlight the need for ongoing improvements to labour laws and enforcement procedures in addition to the effectiveness of legal remedies. In order to achieve gender parity in labour markets around the world, future strategies and policy proposals emphasize how critical it is to strengthen enforcement, promote gender-sensitive workplace rules, and push for legislative improvements. This study backs current initiatives to advance the rights and well-being of female workers worldwide. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 145-172. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EXPLORING INDIA’S CONSTITUTIONAL RIGHT TO EQUALITY

EXPLORING INDIA’S CONSTITUTIONAL RIGHT TO EQUALITY Khushnoor Kaur, Student, Amity Law School, Amity University Rajasthan Download Manuscript ABSTRACT The Indian Constitution’s protection of the right to equality has played a crucial and revolutionary role in establishing the country’s legal and socioeconomic framework. The article examines the emergence and development of the right to equality throughout history.  It explores the complex web of case law that has provided this right meaning and application, revealing the intricacies of judicial interpretation over time. The emerging notion of reservation, which is a key component of the right to equality, is also examined in the article. It examines how definitions and policies have evolved as well as how they have interacted with the constitutional mandate.   In order to provide a thorough grasp of the right to equality within the Indian setting, this article weaves together the historical foundations, legal complexities, and shifting meanings of reservation through the years. It shows how important this right has been in resolving historical injustices and how it is still changing to meet the demands of a just and inclusive society. In order to provide a thorough grasp of the right to equality within the Indian setting, this article weaves together the historical foundations, legal complexities, and shifting meanings of reservation through the years. It shows how important this right has been in resolving historical injustices and how it is still changing to meet the demands of a just and inclusive society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 134-144. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ATROCITIES AGAINST SCHEDULE TRIBES IN INDIA

ATROCITIES AGAINST SCHEDULE TRIBES IN INDIA Shyam Kumar, LL.M., CHANAKYA NATIONAL LAW UNIVERSITY, PATNA Download Manuscript ABSTRACT This abstract explores the widespread problem of crimes committed against Scheduled Tribes (STs) in India, illuminating the many difficulties that this marginalised group faces. Even with affirmative action and constitutional protections, systematic discrimination, violence, and socioeconomic marginalisation still plague Schedule Tribes. The historical backdrop is initially examined in the study, which traces the origins of prejudice and exploitation against STs in India. It draws attention to the consequences of colonialism and the inability of post-independence measures to properly integrate and improve the lot of tribal populations. Discriminatory practices continue in many ways; they can take the shape of land alienation, displacement brought about by development initiatives, or underrepresentation in governmental and administrative systems. Tribal populations are vulnerable to exploitation because of the lack of access to jobs, healthcare, and educational opportunities, which feeds the cycle of poverty. The disruption of their traditional ways of life exacerbates their socioeconomic conditions. The startlingly high rate of violence against STs, including sexual assault, displacement, and targeted violence, is also examined in detail by the report. The problem is made more complex by the inability of the legal system and law enforcement to adequately handle these concerns. To sum up, the abstract emphasizes how critical it is to implement thorough and focused interventions in order to address the long-standing issues that Scheduled Tribes in India face. It promotes a multifaceted strategy that includes socioeconomic empowerment, policy changes, and a deliberate attempt to alter public perceptions in order to demolish the systems that sustain crimes against this vulnerable group. Actionable suggestions focusing on monitoring, campaigning, and capacity-building programmes highlight the critical role that civil society plays. In order to create an inclusive society where the rights and dignity of Scheduled Tribes are protected, the conclusion highlights the need of tearing down systemic barriers, increasing public understanding, and promoting justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 442-466. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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