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METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

Volume II Issue III /

METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION Vrinda Yadav, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Mradul Prakash Agnihotri, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.25 This research paper comprehensively explores the historical evolution of statutory interpretation, spanning from the Blackstonian era to the contemporary period. Emphasizing the vital role of statutory interpretation in the judiciary, the paper aims to unveil true legislative intent and deliver justice, addressing complexities, unforeseen circumstances, and linguistic ambiguities within statutes. Traditional methods such as Literal or Grammatical Interpretation, the Golden Rule, the Mischief Rule, and the Purposive Approach are scrutinized for their respective advantages and disadvantages, considering factors like alignment with legislative intent and flexibility. Recent trends in statutory interpretation, notably the recognition of compensation as a remedy for fundamental rights violations, are examined, along with the judiciary’s role in statutory interpretation through judicial review marked by judicial activism. The paper concludes by highlighting the transition from the Literal Rule to the more flexible Purposive Rule, emphasizing its efficacy in addressing logical defects and fostering justice across diverse situations. In essence, the research provides a nuanced understanding of statutory interpretation’s evolution, traditional methodologies, and contemporary trends, showcasing its dynamic and adaptive nature in the realm of judicial interpretation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 416-436. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION

Volume II Issue III /

DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION Oshin Johari, Advocate Download Manuscript doi.org/10.70183/lijdlr.2024.v02.24 The global refugee crisis and the proliferation of human trafficking represent two of the most pressing humanitarian challenges of our time. Often, these issues intersect, leaving refugees, already vulnerable, at heightened risk of exploitation by traffickers. This paper, titled “Trapped Between Borders: Navigating the Legal Labyrinth of Human Trafficking and Refugee Protection in International Law,” explores the intricate relationship between human trafficking and refugee flows, focusing on how current international legal frameworks address—or fail to address—the dual vulnerabilities faced by trafficked refugees. Drawing on case studies from conflict zones and regions with significant refugee movements, this paper critically examines the effectiveness of existing international instruments, such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol) and the 1951 Refugee Convention. It highlights the legal gaps and enforcement challenges that leave many trafficked refugees without adequate protection or recourse. The paper argues for a more integrated approach to international law, one that acknowledges the complex realities faced by refugees who are victims of trafficking. By proposing legal reforms and enhanced international cooperation, this study seeks to contribute to the development of more robust protections for some of the world’s most vulnerable populations, ensuring that they are not merely trapped between borders but are provided with the comprehensive support and justice they deserve. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 396-415. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA

Volume II Issue III /

LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA Jaydeep Findoria, Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.23 This is a comparative analysis of the complex legal structures surrounding marriage and divorce in the United States and India. Therefore, this research digs into the different marital arrangements recognized in both countries, procedural intricacies surrounding divorce cases, and the hurdles that come with cross-border divorces. The paper will revolve around the play of structures of law, cultural norms, and societal values against the tapestry of changing nature of matrimonial relationships and their dissolution between the two nations. Central themes discussed include issues relating to jurisdictional considerations, recognition of foreign decrees, and the legal precedents that cut across divorces across borders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 388-395. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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REDEFINING LIABILITY: INTELLECTUAL PROPERTY CHALLENGES IN THE AGE OF AI

Volume II Issue III /

REDEFINING LIABILITY: INTELLECTUAL PROPERTY CHALLENGES IN THE AGE OF AI Sarthak Sharma, Student of BA LLB at Himachal Pradesh National Law University, Shimla Download Manuscript doi.org/10.70183/lijdlr.2024.v02.19 The rapid advancement of artificial intelligence (AI) has raised significant challenges for traditional intellectual property (IP) frameworks, particularly regarding authorship, ownership, and liability for AI-generated works. This paper examines these issues within the context of India’s IP laws, specifically under the Copyright Act of 1957 and the Patents Act of 1970, highlighting the limitations of these frameworks in addressing AI’s complexities. AI-generated content blurs the line between human and machine creativity, making it difficult to assign ownership and enforce rights under existing legal structures that assume human authorship. Moreover, the patentability of AI-generated innovations is hindered by current laws that only recognize human inventors. The paper explores various challenges, such as determining liability for copyright infringement and the uncertainty of fair use when training AI models with copyrighted data. Proposed solutions include introducing new IP categories for AI-generated content, reforming authorship laws, enhancing transparency and accountability in AI systems, and developing AI-specific enforcement mechanisms. International cooperation and ethical considerations are also emphasized as critical to establishing a fair and effective global IP framework. Ultimately, the paper argues for an updated legal landscape that balances innovation and protection, ensuring India remains competitive in the evolving AI landscape while fostering responsible and ethical AI use. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 316-326. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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WITNESS PROTECTION: A COMPARATIVE STUDY AMONG USA, UK, FRANCE, AND INDIA

Volume II Issue III /

WITNESS PROTECTION: A COMPARATIVE STUDY AMONG USA, UK, FRANCE, AND INDIA Priyanka. C, Tamil Nadu Dr. Ambedkar Law University- School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.18 “Whenever a man commits a crime, heaven finds a witness”                                                                                              –  Edward G. Bulwer The above statement shows the importance of witness in any criminal justice system. The role of witness in the criminal justice administration is extremely inevitable especially in an adversarial system where the burden of proof is on the prosecution and the prosecution depends on the witness and their statements. There are instances where witnesses had turned hostile and refused to help in finding the guilty of the accused person resulting in the acquittal of the accused who may have been guilty of charges. This poses threat to society because the question arises why witness has turned hostile or why they had not come forward in the first place to give evidence and perform their sacred duty of helping the justice system. When a person is to testify against a criminal particularly those having political, financial and man power to cause harm, they fear for their well-being and fail to fulfil their ethical duty to support the truth. Thus, the governments across the world recognised the need to protect witness to ensure the delivery of justice and enacted witness protection programmes. The study of witness protection programs in the US, UK, France, and India reveals significant differences in structures, implementation, and effectiveness, despite varying protection and resource allocation. This article highlights the development of witness protection programmes in United States, United Kingdom, France, and India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 299-315. 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 ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION

Volume II Issue III /

THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION Arpita Gupta, Student (Pursuing LL.M.) from Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.10 This research paper examines the economics of intellectual property rights (IPR) in India and the challenges of balancing innovation and market competition in the country. Intellectual property rights play a crucial role in promoting innovation and promoting market competition. However, finding the right balance between these two goals is crucial for sustainable economic growth. The article begins with an overview of intellectual property rights, including copyright, patents, and trademarks, and their economic significance. It examines the historical development of intellectual property in India and its impact on innovation and competition. The legal framework and institutions governing intellectual property in India are analyzed, focusing on key intellectual property laws such as the Copyright Act, the Patent Act, and the Trademark Act. Explore the strengths and weaknesses of India’s intellectual property system to understand its effectiveness in supporting innovation and promoting fair competition in the marketplace. The purpose of the case studies was to illustrate specific issues related to intellectual property rights in India, such as the pharmaceutical and software industries, as well as issues related to traditional knowledge. An Assessment of the Economic Impact of Intellectual Property Rights on Innovation and Market Competition in India Using Empirical Analysis. The paper presents policy considerations and recommendations to address India’s challenges in striking a balance between protecting intellectual property and promoting competition. Conduct an assessment of the current IP policy and identify areas for improvement in order to create an effective and balanced IP system. In conclusion, this study highlights the importance of striking the right balance between intellectual property rights, innovation, and market competition in India. Achieving this balance will foster the development of a thriving innovation ecosystem while ensuring equal access to knowledge and promoting healthy competition. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 141-163. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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HORIZONTAL AGREEMENTS AND THREATS TO COMPETITION IN THE TELECOM SECTOR IN INDIA

Volume II Issue II /

HORIZONTAL AGREEMENTS AND THREATS TO COMPETITION IN THE TELECOM SECTOR IN INDIA Devi Prasad Mishra, BBA, LL.B., Lajpat Rai Law College, (University College of Sambalpur University) Pratyush Mahapatra, BBA, LL.B., Lajpat Rai Law College, (University College of Sambalpur University) Download Manuscript The economic development of India is one of the many things that have depended heavily on the telecom sector, but it is also a fragile area as far as anti-competitive practices are concerned. Horizontal agreements among competitors can be reduced by price-fixing, bid-rigging, and market allocation, resulting in possible output restrictions. This research paper provides an exhaustive evaluation of the effects that these horizontal agreements have on competition within India’s telecom industry. The main purpose is to identify specific instances of anti-competitiveness, assess their impact on consumers and industry, and suggest measures to combat them. According to the core hypothesis of this study, competition in the telecommunications industry gets affected adversely by horizontal agreements such as cartels and price fixing, which ultimately lead to high prices, decreased customer choice, and market distortions. Doctrinal methodology will be used in this research, which involves looking at various materials, such as statutory laws and existing journals, using secondary sources like commentaries and committee reports, among others. It involves a detailed review of the Competition Act 2002 and the Telecom Regulatory Authority of India (TRAI) Act 1997, with a focus on different cases, including United States v. L. Cohen Grocery Co., Builders Association vs. Cement Manufacturer Association, and BSNL vs. TRAI. For instance, in the past they have been declared illegal as a horizontal agreement. The work also identifies notable anticompetitive practices common in the telecommunications industry, such as price fixing, bid rigging, market sharing, and output restrictions. The departure of any one among Jio, Airtel, and Vodafone-Idea, who have 88.4% market share, could result in a duopoly, which would raise serious concerns. The study examines regulatory frameworks applied by the Competition Commission of India (CCI) and TRAI, which acknowledge that there is a need for cooperative frameworks to deal with anticompetitive practices. It proposes that transparency should be increased; predatory pricing should be made illegal, while regulatory authorities should seek synergy amongst themselves in order to ensure fairness in competition. Joint efforts by CCI as well as TRAI can help create coordinated policies capable of barring anticompetitive threats, leading to an improved business setting within this field too. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 737-751. 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 BHARATIYA NYAYA SANHITA 2023: A TRANSFORMATIVE SHIFT IN INDIA’S LEGAL LANDSCAPE

Volume II Issue II /

THE BHARATIYA NYAYA SANHITA 2023: A TRANSFORMATIVE SHIFT IN INDIA’S LEGAL LANDSCAPE Divyanshi Rathour, City Law College, Jankipuram affiliated to Lucknow University Download Manuscript The BNS 2023 stands out in the evolution of the Indian law in terms of the imposed scheme of its legal thought. Therefore, the present paper mainly concentrates on the BNS in order to point out the pertinent concept and its impact on the Indian legal system.Data analysis to address next research question is about the way in which the BNS might affect several stakeholders in a legal perspective. The role of the judges and the judiciary, the legal profession of the lawyers, the parties involved in any given suit or cause, and the rest of the society’s members as well as business institutions and industries will not be left out. In the same regard, the paper then dwells on some of the concerns that this study may have in respect to the proposed Bhartiya Nyaya Sanhita (BNS) and the pros that may accrue from it. This encompasses details concerning aggression and the training agenda as well as any hindrances that may be evident once the alteration is being enacted. On the positive streak, this paper also holds out the legal prospects of the BNS for ‘opening up’ access to justice, enhancing the output of the legal system, and its efficiency. Last of all, the present research paper offers a methodical analysis of the Bharatiya Nyaya Sanhita 2023. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 709-736. 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 INDIA’S PLANNING FRAMEWORK :A STUDY OF NITI AAYOG

Volume II Issue II /

THE EVOLUTION OF INDIA’S PLANNING FRAMEWORK :A STUDY OF NITI AAYOG Charumathi T, Student at School Of Excellence In Law (TNDALU) A.Fennin Princiya, Student at School Of Excellence In Law (TNDALU) Download Manuscript As Prime Minister Narendra Modi so eloquently put it, ” A major institutional reform is the move away from merely planning, to transforming India. The setting up of NITI Aayog, is a step in this direction.[1]The essence of the revolution that NITI Aayog represents is emphasized in this quote. Not only is the name being changed, but the entire approach to governance is being rethought with the goal of promoting cooperative federalism and sustainable development. This paper examines how economic planning and policy have changed in India, with a particular emphasis on the change from the Planning Commission to the NITI Aayog. It explores the structural and compositional elements of NITI Aayog after providing an introduction and historical background. We look at the responsibilities and roles of NITI Aayog and the Planning Commission to see how they each affect Indian governance. The creation of NITI Aayog and the Planning Commission’s subsequent dissolution signaled a dramatic change in how policies were developed. Understanding the differences between these two organizations is essential to comprehending how they view cooperative federalism and how it affects society. Discussions of both institutions’ criticisms offer a fair-minded viewpoint. The results are summed up in the conclusion, which also considers the wider ramifications for India’s future economic strategy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 686-708. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW

Volume II Issue II /

JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW Naveena K, Student at Chettinad School Of Law,Chennai Download Manuscript ABSTRACT This legal research paper, which focuses specifically on India, gives an outline of judicial review and how it affects constitutional interpretation. A key component of the Indian Constitution, judicial review is essential to the functioning of the political system. The purpose of the paper is to look at how judicial review and constitutional change are related. It also looks at how judicial review has historically developed in various constitutional systems, looks at case studies that show how judicial review affects constitutional interpretation, and evaluates how it affects the balance of power between the three branches of government. The primary research approach utilized is doctrinal in nature, involving an examination of legal provisions, case laws, and academic literature. The study comes to the conclusion that judicial review has a big impact on how the constitution is interpreted and that it can eventually change how constitutional ideas are understood and applied. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 260-270. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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