ISSUE 3 - MARCH 26/2024 - JUNE 26\2024
Arbitration a beacon of tactical resolution: India’s learning and trepidation’s
AUTHOR’S NAME – Abhimanyu Chhibber, Bachelors of Arts (Political Science and Government
Studies), Third Year.
INSTITUTION NAME – Kirori Mal College, University of Delhi, North Campus, New Delhi.
ABSTRACT:
The court is not a forgiving entity; it doesn’t hold values of personal gain and restoration at par with legal protocols. The judicial system is open waters, navigating one’s way in the pursuit of justice can be hostile considering the nature of the Indian legal procession. As observed, litigation has comparatively little scope for flexibility and even less room to accommodate a win-win dynamic. The court essentially is open waters which are indicative of the principle of adversary it upholds which simply put is not and can never be a win-win situation leading us to consider other possible methods of amicable delegation.
( Volume 2 Issue 3 – 2024 )( Publication Date 31/MAR/ 2024 )
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Globalization and Crime against Children (Special Reference with Juvenile Justice Act 2015.)
AUTHOR’S NAME – Ekta Pandey, PhD Scholar.
INSTITUTION NAME – Shri Ramswaroop Memorial University, Deva Road, Barabanki, Uttar Pradesh.
ABSTRACT:
The aim of this paper is to show the negative consequences of globalization via the internet, on student sexual abuse, and to provide an analysis of children’s rights and their shortcomings in the urban area. This paper studies the different laws on child abuse in our countries and some of the international and national organizations that support children’s rights. Law and Society both are interconnected institutions. Law is made for the Welfare, safeguard, and development of society therefore each and every citizen whether is child Young are old man is required to act within the parameters prescribed by the lawmakers for the society. Everybody has to act abide and obey the law of the land to maintain the accepted social, cultural, and legal desired acceptance.
( Volume 2 Issue 3 – 2024 )( Publication Date 06/APRIL/ 2024 )
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Law as an instrument of social transformation with special reference to women
AUTHOR’S NAME – khushi Sarkhedi, BA.LLB, Second Year.
INSTITUTION NAME – AURO University, SURAT.
ABSTRACT:
The function of law as a catalyst for social transformation, particularly with regard to women’s empowerment stands out as a bright spot of hope and advancement in the landscape of India’s socioeconomic evolution. This research explores the complex relationship between women’s rights and legal frameworks, highlighting the critical role that law plays as a tool for the exact purpose of social change in Indian culture. Through an examination of historical backgrounds, seminal cases, and current issues, this research reveals the intricate connection between legal advocacy and the progress of gender equality. Every significant legislative development, such as the outlawing of antiquated customs along the lines of sati or vishakha regulations on sexual harassment in the workplace, represents a stride closer to gender justice. But even in the face of judicial and legislative interventions, gaps remain between law and social standards, highlighting the difficulty of bringing about long-lasting change…
( Volume 2 Issue 3 – 2024 )( Publication Date 06/APRIL/ 2024 )
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ANALYSING LEGAL REGIME AGAINST CUSTODIAL TORTURE AND ITS INSUFFICIENCY IN INDIA
AUTHOR’S NAME – PRIYANKA. C, LLM, First Year, (Criminal law and Criminal Justice).
INSTITUTION NAME – Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Perungudi, Chennai.
ABSTRACT:
India is a democratic country that ensures the fundamental rights of every citizen. Dignity and security are the two very foundations of the social contract theory. The state has the duty to protect the rights of its people. However, it is very saddening to acknowledge that there are certain persons who still have their rights violated without any legally acceptable grounds. They are called custodial prisoners. Custodial torture has become a common phenomenon.1 The constitution of India as well as many international conventions advocates against any kind of inhumane torture inflicted on the person in the custody. Such an instance forces us to think about what will happen to the system when those who are entrusted to uphold the very nature of democracy and the law become its own perpetrators.
( Volume 2 Issue 3 – 2024 )( Publication Date 07/APRIL/ 2024 )
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THE EARTH DOES NOT BELONG TO US: WE BELONG TO EARTH
AUTHOR’S NAME – Mitali Gour, BALLB, First Year.
INSTITUTION NAME – Christ Deemed to be University, Pune lavasa, Maharashtra.
ABSTRACT:
“संरक्षेद्दूषितो न स्याल्लोकः मानवजीवनम्। “Meaning to safeguard our own lives; let us not pollute the world.1 Starting with this very quote from the Atharvaveda which tends to state a connection between mother nature and us (humans), setting a very deep precedent for how we should be treating our fellow earthlings, I would like to start my article on our environmental issue in India.
( Volume 2 Issue 3 – 2024 )( Publication Date 08/APRIL/ 2024 )
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REPRODUCTIVE HEALTH AND SURROGACY IN INDIA: LAW POLICY AND PRACTICE
AUTHOR’S NAME – Dr. Sarita Chandel.
AFFILIATION – Assistant Professor, in Bhaskar Law College Moinabad, Hyderabad
ABSTRACT:
Women have rights in Article 21 of the Indian Constitution, if she wants to continue her pregnancy then no one stops and if she doesn’t want pregnancy then abort but if she sells her womb to the childless couple that couple has the right because they give money for carrying their child until that child not handover to the couple but sometime they both parties are fighting for child because that surrogacy mother is emotional touch to the child and she doesn’t want to give, that why that law made for that condition, surrogacy law give the limitation right also, but that law not solve the problem between these both parties. we need strict laws related to surrogacy.
( Volume 2 Issue 3 – 2024 )( Publication Date 30/APRIL/ 2024 )
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BROADCASTING AND ITS EVOLUTION IN INDIA
AUTHOR’S NAME – Ashutosh Patare, LL.M, First Year.
INSTITUTION NAME – Bharti Vidyapeeth’s New Law College, Pune.
ABSTRACT:
Broadcasting has played a crucial role in transforming India’s cultural, social, and political environment. This research paper will give an overview of India’s broadcasting growth, from the early days of radio to the digital age of television and internet streaming. Broadcasting in India is an example of flexibility and ingenuity. The All India Radio began as a government campaign in 1927 and gave way to the beginning of Indian broadcasting. It was a powerful method of conveying information, entertainment, and education to various parts and to such a large population. Radio played a significant role in India’s freedom movements, and cultural programs and became a medium to reach into the rural places of the country
( Volume 2 Issue 3 – 2024 )( Publication Date 01/MAY/ 2024 )
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ANALYSIS ON CONSTITUTIONAL CHECK ON THE JUDGES
AUTHOR’S NAME – Santhanalakshmi U, BA.,LL.B (Hons.), Fifth Year.
INSTITUTION NAME – Saveetha School of law, Saveetha Institute of medical and technical science (SIMATS), Chennai.
ABSTRACT:
The judiciary, which India received from the British sixty-seven years ago, is in desperate need of significant change. A swift trial is essential not only to provide prompt justice but also to maintain long-term trust in the court, for which the Government and the judiciary must collaborate. In India today, there is no effective process for disciplining a superior court judge, either for misbehavior under Article 124 (4) of the Constitution or for delinquent behavior necessitating inquiry and corrective action. Ironically,
( Volume 2 Issue 3 – 2024 )( Publication Date 24/MAY/ 2024 )
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From Idealism to Reality: Rethinking Prison Abolition.
AUTHOR’S NAME – Insha Pervez, 12TH Class.
INSTITUTION NAME – Delhi Public International School, Bikaner
“Justice must always question itself, just as society can exist only by means of the work it does on itself and on its institutions.” 1
ABSTRACT: This essay critically examines the prison abolition movement, exploring the historical context, its ideological foundations, and whether such ideologies truly hold a dominating force in the future. The movement aims at the complete abolition of the prison system, with a stark focus on changing the current legal and social order to one that is more socialist in nature. However, the essay refutes the arguments for complete abolition and instead proposes comprehensive solutions that can be implemented to yield considerable results. The essay begins with tracing the history of the prison model, and its evolution since the 18th century, with the emergence of new beliefs. Further, it demonstrates how a punitive system causes more harm than good and should be replaced with something more humanizing. It details the need to move beyond a black-and-white mindset and focus on social nuances.
( Volume 2 Issue 3 – 2024 )( Publication Date 28/MAY/ 2024 )
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Doctrine of Basic Structure: A judicial innovation
AUTHOR’S NAME – Maroti Madhav Putwad, B.A.LL.B, Third Year.
INSTITUTION NAME – Maharashtra National Law University, Nagpur.
ABSTRACT:
The Basic Structure Doctrine, a judicial innovation in Indian constitutional law, serves as a check on the amending powers of Parliament. Rooted in the interplay between Article 13, which nullifies laws infringing upon fundamental rights, and Article 368, which empowers Parliament to amend the Constitution, the doctrine emerged to safeguard the Constitution’s core principles. Through landmark cases such as Kesavananda Bharati v. State of Kerala (1973) 1 and Minerva Mills v. Union of India (1980),2 the Supreme Court delineated the inviolable elements of the Constitution, ensuring that amendments do not alter its essential framework. This paper explores the evolution of the Basic Structure Doctrine, tracing its development through significant constitutional amendments and judicial pronouncements.
( Volume 2 Issue 3 – 2024 )( Publication Date 8/JUNE/ 2024 )
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The Jury of Millions: Exploring Cancel Culture and Free speech
AUTHOR’S NAME – Insha Pervez, 12TH Class.
INSTITUTION NAME – Delhi Public International School, Bikaner.
ABSTRACT:
Cancel culture has emerged as a powerful, yet controversial force in the current times, largely shaping the media and communication. This essay delves into the intricates of the cancel culture and how it intersects with free speech, influencing social cues. It illustrates the impact of cancel culture on society and individuals, studying the shift from healthy criticism and accountability to relentless denunciation. The essay also analyzes the Depp v. Heard case to show the extent of the influence of collective judgement and assumptions prevalent in the media. Moreover, the essay also emphasizes the need to think critically and rationally without stifling and opposing the diversity of thought. By fostering a culture that values diverse perspectives, the society can drastically shift from a binary view of justice to one that cultivates a positive discourse in the media.
( Volume 2 Issue 3 – 2024 )( Publication Date 8/JUNE/ 2024 )
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A CRITICAL STUDY ON CHILD SEXUAL ABUSE PROBLEMS IN SOCIETY
AUTHOR’S NAME – M.Linita Christy, BBA LLB(Hons), Fifth Year.
INSTITUTION NAME – Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS).
“Children are like buds in a garden and should be carefully and lovingly nurtured, as they are the future of the nation and the citizens of tomorrow.” – Pandit Jawaharlal Nehru
ABSTRACT:
India is a country where they give more importance and respect to the Children. Indian people strongly believe that the children of today will make the India of tomorrow.1 The way we bring them up will determine the future of the country. Neighboring countries amaze by seeing India how they give respect and protection to the children of their country. But now the entire scenario has been completely changed. Neighboring countries are scared to send their country’s children and women to India. Children irrespective of their race, culture, or economic status, appear to be at approximately equal risk for sexual victimization. Still, it is a major public health, social, and human rights problem.2 The research methodology followed here is an empirical method and simple convenient sampling and the total number of sample sizes is 203. Data was collected online. The aim of the study is to analyze the child sexual abuse problem in society. The major finding in my research paper is that under the POC
( Volume 2 Issue 3 – 2024 )( Publication Date 15/JUNE/ 2024 )
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Analysis of Article 32-Right to constitutional remedy
AUTHOR’S NAME – Vashvi Upendra Singh, LL.B. (compl.).
INSTITUTION NAME – Savitribai Phule Pune University
ABSTRACT:
This article makes an honest attempt to make the reader understand the various facets of Article 32. This article includes an introduction to article 32, the various salient features of writs, and the various types of writs along with their extensive analysis. INTRODUCTION: Article 32 is an extremely important fundamental right under part III of the constitution. Dr. Ambedkar called it the ‘heart and soul of the constitution’. The concept of writs has been borrowed from the United Kingdom. Under Article 32 the Supreme Court can issue the writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto for the enforcement of fundamental rights. There are fundamental in the sense that the Supreme Court may not refuse to exercise the writs under Article 32.
( Volume 2 Issue 3 – 2024 )( Publication Date 20/JUNE/ 2024 )
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Recent Trends in Trademark law: India and the world
AUTHOR’S NAME – Vashvi Upendra Singh, LL.B. (compl.).
INSTITUTION NAME – Savitribai Phule Pune University
ABSTRACT:
This article has made an honest attempt to understand and present the recent trends in trademark law. It includes an introduction, literature review, research methodology, research question, analysis, and key findings by the author, followed by a conclusion.
( Volume 2 Issue 3 – 2024 )( Publication Date 20/JUNE/ 2024 )
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A STUDY ON THE CHALLENGES TO INDIA’S FEDERAL DESIGN
AUTHOR’S NAME – BABY SHALINI.G, B.A.,LLB(Hons), Fifth Year.
INSTITUTION NAME – Saveetha school of law Saveetha Institute of medical and technical sciences (SIMATS) Saveetha University, Chennai.
ABSTRACT:
The term ‘federalism’ refers back to the naturally distributed distribution of powers among or lesser categories of administration inside the contemporary- day geographical region system of one, on the country-wide degree and the other, on the parochial, area, or neighborhood degree. The foremost look at espousing the civil shape in Indian polity is to end artistic unity and advanced civil governance in all of the Indian States. India’s federal system is unique. It is called a civil society system / quasi-federal system because it has the characteristics of a system that involves both the government and the party. According to Article 1 of the Constitution of India, “India, to be known as Bharat, shall be a Union of the United States”.1 Federalism in India is not about states coming together to form a federal union.
( Volume 2 Issue 3 – 2024 )( Publication Date 26/JUNE/ 2024 )
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