Literature and Law

THE ROAD TO MEDIATION Raghvi Garg, Asian Law College (CCS University) Nidhi Adwani, Asian Law College (CCS University) Download Manuscript doi.org/10.70183/lijdlr.2024.v02.15 “An ounce of mediation is worth a pound of arbitration and a ton of litigation.”[1]                                                                                      By providing a successful substitute for conventional litigation, mediation considerably lessens the workload on courts by lowering the number of cases that need to be heard by judges. Mediation reduces the amount of time it takes to settle disagreements and clears the backlog of cases by settling conflicts outside of court. Courts can concentrate their resources on more complicated or contentious cases that call for formal adjudication because of this decrease in the caseload. Furthermore, the generally shorter and less expensive mediation procedure not only leads to quicker results but also lowers the total cost of litigation, which lessens the burden on the court’s resources. Through mediation, the parties are able to re-evaluate their rights and shared interests and develop fresh approaches to conflict resolution. As a result, among arbitration, conciliation, and negotiation, mediation has emerged as the most popular alternative dispute resolution (ADR) process. Mediation is seen as a legitimate means of resolving disputes. It is currently used in many different contexts, such as individual disagreements, employer-employee disputes, and family circumstances like divorce and custody issues. Global mediation also takes place, involving intervention in disputes between nations and in nations where the ruling class is at odds with its citizens. Mediation has been known to positively and permanently alter people, and in the process, its relationships. The purpose of this research is to examine mediation’s function in the legal system as a successful and practical form of dispute resolution. The primary goals of the study are to determine how integrated mediation affects District Court proceedings and to introduce mediators as impartial third parties who aid in settlement negotiations. Additionally, this study intends to investigate potential difficulties and obstacles in putting mediation into practice in a cutthroat setting. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 242-263. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

FROM PROHIBITION TO ENFORCEMENT: UNDERSTANDING LEGAL INTRICACIES IN THE NDPS ACT, 1985 Mahendra Soni, Assistant Prof. (Sr. Scale) NLIU Bhopal. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.14 The Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 was enacted to address the growing challenges posed by illicit drug use in India. The NDPS Act categorizes various narcotic drugs and psychotropic substances, detailing the penalties associated with offenses, which can range from fines to capital punishment depending on the severity of the crime. The Act of 1985 also contains specific provisions pertaining to licensing and regulatory measures for the cultivation, production, and distribution of these substances for legitimate medical and scientific purposes. This research paper provides a descriptive and thorough analysis of the substantial provisions of the NDPS Act, and an endeavor has been made by the author to analytically review the enforcement mechanism provided under the Act with the help of evolving jurisprudence in the matters involving drug contraband. The paper highlights the dual need for strict control to prevent abuse and misuse while ensuring the availability of these substances for legitimate medical and scientific purposes. This paper addresses significant challenges in drug law enforcement, including corruption and inadequate resources, and suggests potential reforms to create more effective and equitable drug policies that prioritize public health and social justice in India. Furthermore, the research also points out the existing gaps in the statutory provisions and enforcement strategies with suggestive measures to take them. The paper concludes by emphasizing the importance of revising the NDPS Act to better address the complexities of drug policy reform and its implications for these communities. This research aims to contribute to the ongoing discourse on drug policy in India, advocating for a balanced approach that considers both enforcement and policy shift in matters of NDPS Act. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 217-241. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

CAN INDIAN PRISONS REPLICATE THE NORWEGIAN PRISON SYSTEM? A COMPARATIVE ANALYSIS BETWEEN MODEL PRISON MANUAL 2023 AND THE NORWEGIAN PRISON POLICY Sridhar S, B.A.LL. B(Hons), School of Excellence in Law, TNDALU Karpaga Vinayagam, B.C.A.LL. B(Hons), School of Excellence in Law, TNDALU Download Manuscript doi.org/10.70183/lijdlr.2024.v02.13 Recidivism in India had been a major issue over a period of time, which is a direct cause of failed Indian prison policy. Indian prisons are characterized by features of overcrowding, poor management, harsh living conditions, and human rights violations. In contrast, Norwegian prisons meet and set international standards in prison policy in the global arena. Norwegian prisons are recognized by interests in rehabilitation of inmates, societal reintegration, and a humane approach to prisoners. As a result, recidivism in Norway has decreased steadily, and it also had a positive impact on the economy of the nation. The aspects and effects of the incarceration system of Norway are elucidated in this study. Indian prisons are governed by old colonial laws, which makes the prison system more complicated in India. The Union government notifies the states with model prison manuals for the governance of jails. This study describes the aspects of the Model Prison Manual 2023 and aims to predict the effectiveness of the recent prison manual. The model prison manual 2023 has some inspirations from the Norwegian prison system, which is added to make the reformative system of justice effective in India. The addition of the policies is an appreciable step forward in the administration of justice, but the question of the applicability of these policies in Indian prisons is inevitable. This study analyses the possibilities of implementing successful policies of Norway in Indian prisons and the challenges in implementing identical policies. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 206-216. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

WORDS OF JUSTICE: LITERARY ENGAGEMENTS WITH CONSTITUTIONAL PRINCIPLES AND DEBATES Nikita Gomdani, Student at Manipal University Jaipur Rajasthan. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.12 “Words of Justice: Literary Engagements with Constitutional Principles and Debates” delves into the complex relationship that exists between constitutional principles and literary works, which serve as the foundation of society. It examines how literary works make constitutional arguments more relevant by setting impersonal legal issues in familiar settings. Among these core ideas are the legal narrative, the language understanding of the law, and the connections between the law and society. The paper examines the rationales behind the traditional methods of connecting literature and law, such as the development of legal interpretation, the enhancement of court decisions, and the progress of the legal system and attorneys. Numerous conclusions drawn from the combined examination of the law and literature apply to real-world problems and go beyond “mere” theory. It could potentially be argued that the legal system softens and humanizes its language by referencing works of literature. By using literary methods and organizing them in accordance with the patterns created by socially aware writing, it integrates itself into these paradigms. This study analyses literary works to investigate how Indian courts have lately defined and interpreted rights in relation to constitutional law concerns. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 186-205. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024