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Data Protection And Privacy In Cyberspace: Legal Challenges In India
Simran Najmal, St. Joseph's College of Law, Bangalore ABSTRACT The rapid expansion of digital technologies in India has intensified concerns surrounding data protection and informational privacy, necessitating a robust legal framework to safeguard individual rights in cyberspace. The recognition of the right to privacy as a fundamental right by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India marked a constitutional turning point, compelling legislative
IJLLR Journal
Dec 29, 20251 min read
Hindu Succession (Amendment) Act, 2005: A Step Towards Formal Or Substantive Equality?
Vanessa Thukral, O.P. Jindal Global University ABSTRACT The Hindu Succession (Amendment) Act, 2005 was an initiative to eliminate gender discrimination from the Hindu personal laws of inheritance. Giving daughters an equal right as sons in inheriting, was a way to ensure that succession laws can be aligned with the constitutional ideals of equality as under Article 14 and 15 of the Indian Constitution. The amendment is perceived as a big step towards attaining gender justice,
IJLLR Journal
Dec 29, 20252 min read
Commercial Wisdom V. Judicial Review: Redefining Boundaries Under The Insolvency And Bankruptcy Code, 2016
Gopika S Syam, Symbiosis Law School, Hyderabad 1. INTRODUCTION The Insolvency and Bankruptcy Code, 2016 (IBC) was a catalyst in the historical journey of the corporate legal sector because it became a complete system of settling the insolvency of companies in a systematic and time-managed fashion. The doctrine of commercial wisdom is one of the most significant elements of this framework, which gives the Committee of Creditors (CoC) (mainly consisting of financial creditors)
IJLLR Journal
Dec 29, 20252 min read
Click, Commit, Convict: Evidentiary Challenges In Prosecution Of Cybercrime
Nisha Verma, LLM, CUSB, Gaya Dr. Deo Narayan Singh, Assistant Professor, CUSB, Gaya ABSTRACT The digital revolution drastically changed international social and economic relations, but also increased chances for cybercriminals. Inspite of legislative paradigms such as the Information Technology Act, 2000, Budapest Convention, 2001, the rate of conviction in India for cybercrime is less than two percent (2020–2023), mainly because of procedural and evidence failures. It posses
IJLLR Journal
Dec 29, 20252 min read
Child Marriage: Why Law Alone Fails Without Social Change
Pralay Dutta, LL.M. (Human Rights and Duties Education), Cooch Behar Panchanan Barma University ABSTRACT Child marriage remains one of the most persistent violations of children’s rights, particularly affecting girls in developing societies despite the existence of comprehensive legal prohibitions. Over the past few decades, national legislations and international human rights instruments have unequivocally condemned the practice and prescribed minimum wages for marriage. How
IJLLR Journal
Dec 29, 20252 min read
Protection To Broadcasters From Signal Piracy Under Indian Copyright Act And Other International Legal Instruments
Bhumika Shah, NALSAR University of Law INTRODUCTION The entertainment industry has only been growing every day, and so has Broadcasting. Transborder Broadcasting has only been surging with the rapid technological development, and so there is a need for the laws to keep pace with it. With the rapidly developing technology, satellite broadcasting is becoming common, causing Piracy in the signals. There are 4,550 satellites, as of September 1, 2021, in orbit around Earth at pres
IJLLR Journal
Dec 29, 20252 min read
Software Patent Under Different Jurisdictions
Bhumika Shah, NALSAR University of Law INTRODUCTION Patent is a right granted for an invention; it is exclusive in nature. This is a right to exclude others from using an invention invented by an inventor. Patent can be granted on a product or process. If a patent is granted on a product prevents third parties from producing such products; it also includes storing and selling, etc., of the product. Patent is territorial, different patent applications are to be filed for prote
IJLLR Journal
Dec 29, 20252 min read
Ownership Over The Moon: Property Rights From The Perspective Of The Moon Agreement
Bhumika Shah, NALSAR University of Law INTRODUCTION There has been a great shift in the space related activities lately, nations are more interested in space exploration. The primary objective of space activities has, originally, been exploration which has filtered to just include welfare activities. Commercialization and privatization of space activities have caused alteration in exploration of outer space. Corpus Juris Spatialis has always talked about non-appropriation of
IJLLR Journal
Dec 29, 20251 min read
Ubi Jus Ibi Remedium In Environmental Jurisprudence: A Critical Analysis Of Judicial Remedies In India
Bharat Sharma, Research Scholar, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith (Rajasthan) Dr. Aparna Tiwari, Associate Professor, Department of Sociology, Banasthali Vidyapith (Rajasthan) ABSTRACT The principle of ubi jus ibi remedium or "where there is a right there is a remedy," is at the heart of justice and legal repair in democratic regimes. In the Indian environmental law context this principle has gained further significance and assumed greater importan
IJLLR Journal
Dec 29, 20252 min read
Protected Workmen: A Legal Study
Nethraja R., B.com LL.B. (Hons.), School of Law, Dhanalakshmi Srinivasan University, Tiruchirappalli. Sivalaeshwar N P., B.A LL.B. (Hons.), School of Law, Dhanalakshmi Srinivasan University, Tiruchirappalli. ABSTRACT Protected workmen are employees who play an important role in trade unions and are given special protection under Indian labour law. Their protection is important because it prevents employers from targeting union leaders during industrial disputes. This article
IJLLR Journal
Dec 28, 20251 min read
Bourgeoning Blockchain Technology In Alternative Dispute Resolution Mechanisms: A Legal Stance
Ujjwal Kumar (Symbiosis Law School, Nagpur) Aditi Gupta (D.E.S. Shri Navalmal Firodia Law College, Pune) ABSTRACT Alternative Dispute Resolution (ADR) has been identified as an important tool of dealing with the increasing pressure on the traditional judicial systems by providing cost effective, flexible, and consensual forms of dispute settlement like negotiation, mediation, arbitration and conciliation. In India, ADR is constitutionally compatible with the provisions of acc
IJLLR Journal
Dec 28, 20251 min read
Rudiments Of Fair And Speedy Trial Under The Constitution: An Overview Of Criminal Procedure In India
Mr. Shivraj Ananta Dubele, B.B.A. LL.B. (Hon’s), University of Mumbai Law Academy ABSTRACT The right to a time-bound and fair trial stands as a crucial constitutional guarantee under the provision of Article 21 of the Indian Constitution, ensuring that no person should suffer through prolonged and unjust legal proceedings. Indian judicial pronouncements have expanded this provision to include reasonable time bound for investigation process, prosecution, and trial procedure, a
IJLLR Journal
Dec 28, 20251 min read
Right To Privacy In The Digital Age
Mudita Sharma, Gautam Buddha University ABSTRACT The Right to Privacy has been developing as an inseparable part of human dignity and autonomy, which has acquired a new meaning in the age of the digital realm. As the number of data-driven technologies increases exponentially, privacy is a precarious and disputed right and every day individuals create, transfer, and store personal information on the internet. Pervasive surveillance, data mining and algorithmic profiling are so
IJLLR Journal
Dec 28, 20251 min read
Doctrine Of Res Sub Judice, Res Judicata: Finding A Balance Between Judicial Economy And Reaching Justice
Priya Singh, Gautam Budha University ABSTRACT Res Judicata and Res Sub Judice are the foundations of the civil procedure of India, being struck between economical and administering off justice in a fair manner. The concept of Res Judicata, which was written under Section 11 of Code of Civil Procedure in 1908, is the concept on which the same is written on the principle that once a good court has decided on the same issue between the same persons in the same cause, it cannot b
IJLLR Journal
Dec 28, 20251 min read
Comparative Analysis Of The Bharatiya Sakshya Adhiniyam, 2023 And The Indian Evidence Act, 1872
Mohd Uwais Saifi, Amity University Noida ABSTRACT This paper compares the Indian Evidence Act of 1872 with the Bharatiya Sakshya Adhiniyam, 2023, emphasizing the latter's advancements and distinctions. The inclusion of digital forms in the classifications of evidence and the establishment of clear criteria for the admission of electronic data are two significant changes. The Bharatiya Sakshya Adhiniyam also reassesses how confessions are handled, shifting toward a more nuance
IJLLR Journal
Dec 28, 20251 min read
The Study Of Mesne Profits - Application, Assessment And Calculation In Partition Suits
Ms. Sanjukta Mitra, BBA LLB (Hons.), Symbiosis Law School, Pune Mr. Abhinav Saran, BBA LLB (Hons.), Symbiosis Law School, Pune ABSTRACT "Mesne profits" is the term used to describe the legal compensation for people who have been denied access to jointly owned property due to the illegal actions of joint co-owners. This is a remedy created by the courts through many years of jurisprudence under the Civil Procedure Code, 1908. It has been established that the Courts will determ
IJLLR Journal
Dec 28, 20252 min read
Juvenile Offenders And Narcotic Crimes In India: A Critical Analysis Of Legislative Overlap Under The NDPS And JJ Acts
Nehal Sharma, BBA LLB (Hons.), MIT World Peace University ABSTRACT Application of NDPS Act, 1985, along with the Juvenile Justice (Care and Protection of Children) Act, 2015, raises fundamental questions regarding how the Indian legal system should deal with a minor found involved in drug- related offenses. While NDPS Act is based on 'strict liability' with harsh punishment in order to control the drug menace, no differentiation is made in it between adult and juvenile offend
IJLLR Journal
Dec 28, 20252 min read
Scalia And Breyer On Constitutional Interpretation: A Reflective Analysis
Samidha Padwal, LLM (Corporate & Financial Law & Policy), Jindal Global Law School, O.P. Jindal Global University ABSTRACT Justice Scalia’s and Breyer’s conversation stands as a model of civil debate, helping readers to understand that behind every contest over a Supreme Court opinion lies a deeper theory of law. Grappling with their arguments has sharpened my own sense of constitutional interpretation: a judge must respect the Constitution’s text and history, yet also ensure
IJLLR Journal
Dec 28, 20252 min read
Comparative Analysis: The Role Of Writs In Indian And Canadian Administrative Law
Anushka Pundir, BML Munjal University Exploration of Administrative Law in India and Canada Administrative law, governing government administrative agencies, is vital in ensuring the legality, fairness, and justice of their actions in both India and Canada. It ensures government agencies are responsible, with its origins dating back to ancient civilizations like the Mauraya dynasty. This field of law defines how the government engages with its populace, outlining the powers a
IJLLR Journal
Dec 28, 20252 min read
Authorised Representatives And Homebuyers Under The Insolvency And Bankruptcy Code, 2016: A Doctrinal Critique
Naman Dudhoria, Jindal Global Law School, O.P. Jindal Global University ABSTRACT The Insolvency and Bankruptcy Code, 2016 (IBC) changed India’s insolvency system by introducing a process driven by creditors. A major reform was recognizing homebuyers as financial creditors through the Insolvency and Bankruptcy Code (Amendment) Act, 2018. As homebuyers are numerous and spread out, the Code added Authorised Representatives (ARs) to help them participate collectively in the Commi
IJLLR Journal
Dec 28, 20251 min read
Regulating AI In Healthcare: Legal Frameworks And Challenges
M Kalaivani, Guest Lecturer, Government Law College, Vellore ABSTRACT The integration of Artificial Intelligence (AI) into healthcare systems has significantly transformed medical diagnosis, treatment planning, patient monitoring, and health data management. AI-driven technologies promise enhanced efficiency, accuracy, and accessibility in healthcare delivery; however, their rapid deployment raises complex legal, ethical, and regulatory concerns. This research paper criticall
IJLLR Journal
Dec 28, 20252 min read
Rights Of The Victims: A Socio-Legal Study
Pampa Karar, Research Scholar, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh Dr. Shyamlal, Associate Professor, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh ABSTRACT The evolution of criminal justice systems globally has witnessed a paradigm shift from a purely state-centric, retributive model to one increasingly sensitive to the rights and rehabilitation of victims of crime. In India, this shift has been catal
IJLLR Journal
Dec 28, 20252 min read
Conjugal Visits: A Step To Protect Human Dignity In Jail
Renu, PhD Scholar, University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University (GGSIPU), Delhi ABSTRACT Conjugal visits, also known as family or private visits, are an important feature of modern prison systems in many countries. These visits allow prisoners to meet their spouses in a private and secure space within the prison. The aim of conjugal visits is not limited to physical intimacy but includes emotional support, trust, love, and family bondi
IJLLR Journal
Dec 28, 20252 min read
Stockholm Syndrome: Trauma & Victim Analysis
Keerthana Preethi A, The Tamilnadu Dr Ambedkar Law University Krishna Leela S, Government Law College, Villupuram ABSTRACT Stockholm Syndrome, the psychological phenomena in which victims form emotional relationships with their captors or abusers, represents an important junction of victimology, trauma psychology, and criminal justice in contemporary law and practice. The phenomena was first identified following the 1973 Stockholm bank heist, and it has grown in importance in
IJLLR Journal
Dec 26, 20251 min read
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