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METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

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

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

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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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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TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT

TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT Govind Dhir, 4th year Student at TNNLU. Download Manuscript ABSTRACT In recent years, India has made progress in LGBTQIA+ rights, notably by legalizing consensual same-sex relationships in 2018 through the Navtej Singh Johar v. Union of India[1] ruling, which struck down Section 377 of the IPC. However, the article argues that more steps are needed to fully eliminate discrimination against same-sex couples. While the criminalization of homosexuality has been lifted, legal recognition for their relationships is still lacking. India’s existing marriage laws only recognize unions between heterosexual couples, leaving same-sex couples without benefits and legal acknowledgment. The article underscores the need for legal recognition of same-sex marriage in India to ensure full LGBTQIA+ equality and dignity, emphasizing the importance of societal acceptance and constitutional principles like Article 14. The article explores strategies for achieving legal recognition, including the adoption of ‘civil union’ as seen in other countries. Changing personal laws to recognize these unions may face opposition based on religious beliefs, making amendments to the Special Marriage Act of 1954 or introducing a new law governing the civil rights of same-sex couples more practical options. Activists and organizations continue to advocate for the legalization of same-sex marriage through legal challenges. Legalizing same-sex marriage is seen as a transformative step towards justice and inclusivity. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 85- 96. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE

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LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS

LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS Garima Sachan, Student at Hidayatullah National Law University. Download Manuscript ABSTRACT The legal aspects of marriage of mentally unstable individuals are complex and often raise ethical and moral questions. Marriage is a legal and social institution that confers a range of rights and obligations on individuals. For mentally unstable individuals, their ability to understand the nature and consequences of the marriage contract may be impaired, which gave rise to the question about their capacity to consent to marriage. Thus, it is essential to protect the rights and interests of mentally unstable individuals who may be vulnerable to exploitation or abuse. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 49 – 54 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS STATUS OF MID-DAY MEAL SCHEME IN BIHAR

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