Volume I Issue 2 (April, 2023 to June, 2023)
Articles
A GENERAL OVERVIEW OF LEGAL AID AND ADVICE IN INDIA by: Pragya Priyam
A vital part of the criminal justice system, legal assistance guarantees that those accused of a crime have access to counsel and a fair trial. The significance of legal aid in the criminal court system is examined in this abstract, along with the difficulties in dispensing it. The fundamental right to legal representation is covered in the first section. This right is established in numerous national and international legal systems, including the Universal Declaration of Human Rights. The abstract then looks at the several channels via which legal help is offered, such as public defenders, individual attorneys, and legal aid organisations. Additionally, it covers the difficulties encountered by persons looking for legal assistance, such as a lack of funding and geographic restrictions, and it shows some creative solutions that have been created to deal with these difficulties.
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FREEDOM OF SPEECH AND HATEFUL SPEECH by: Yamuna Natrajan
Freedom of expression and hate speech coexisting has been the subject of much discussion and controversy. Although free speech is a cornerstone of a healthy democracy, hate speech endangers both community peace and individual well-being. This abstract examines the challenges inherent in striking a fair balance between free speech and the suppression of hate speech. It examines what hate speech is and how it affects people, focusing on how it can lead to prejudice and physical violence. Freedom of expression and its role in creating more inclusive communities are also discussed. The need of establishing a balanced method that safeguards free speech while protecting vulnerable populations is emphasised. The purpose of this abstract is to offer a preview of the complete research piece by providing an overview of the complex relationship between free speech and hate speech.
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THE ROLE OF CYBER LAW IN CYBER SECURITY IN INDIA by: Snehil
This research paper explores the vital role of cyber law in enhancing cyber security in India. It examines the legal framework provided by the Information Technology Act 2000 and other relevant statutes, highlighting their provisions related to cybercrime prevention, investigation, prosecution, data protection and privacy. The paper discusses the impact of cyber law in establishing the guidelines for cyber security practices, promoting international cooperation and raising awareness among individuals and organizations. Through an analysis of relevant case study and legislative developments this paper aims to provide a comprehensive understanding of how cyber law contributes to ensure a secure and safe digital environment in India.
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CRIMINALIZATION OF MARITAL RAPE IN INDIA by: Eipil Teresa Topno
In India, the prohibition of marital rape has recently been the focus of heated discussion and campaigning. Non-consensual sexual actions carried out by one spouse against the other while still being married are referred to as marital rape. Despite progress in recognizing and addressing gender-based violence, Indian law currently exempts marital rape from criminalization under an exception to Section 375 of the Indian Penal Code (IPC). Some have argued that marital rape should be handled as a private issue or that it might undermine the institution of marriage, and this exemption has allowed to maintain these myths in society. But there is a rising drive to make marital rape a crime and compensate victims. Activists, NGOs, and advocacy organisations for human rights have put in countless hours to dispel myths regarding consent, gender equality, and women's rights as well as to promote public awareness of these issues. The Supreme Court of India recognised forced sex in marriages as a kind of cruelty, demonstrating the judiciary's progress in recognising the seriousness of marital rape. Protecting women's rights and dignity within the institution of marriage necessitates criminalising marital rape. By tackling this issue head-on, India can make tremendous progress towards creating a more inclusive and just society, in which no one is exposed to sexual assault, regardless of their marital status.
This article explores the importance, obstacles, and advancements in the criminalization of marital rape in the Indian context.
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AI AND IoT: A COMPREHENSIVE OVERVIEW by: Ishan Krishnan
AI (Artificial intelligence) and IoT (Internet of Things) are two rapidly advancing technologies that are revolutionizing carious industries and aspects of our daily lives. With extensive use of IoT, the commercial environment of present times is changing. IoT is assisting in acquiring a significant amount of data from several sources. Wrapping around the multitude of data coming from countless IoT devices, makes it complex to collect, process and probe the data. Investment in new technologies is needed to use the full potential of IoT devices. The confluence of IoT and AI has the potential to completely reshape businesses, industries, and economies. IoT with AI capabilities produces intelligent machines that stimulate smart behavior and supports decision making with little or no human interface. Combining AI and IoT will benefit the common mass as well as specialists alike. AI enables devices to learn from their data and experience whereas IoT deals with devices interacting through the internet. AI and IoT are the top technologies companies are investing in to increase their efficiency and provide competitive advantage.
The paper focuses on giving an overview of AI and IoT and the benefits of combining both.
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CRITICAL APPRECIATION OF SECTION 12A (1) OF COMMERCIAL COURTS ACT BY WAY OF LEGAL FICTION by: Saurabh Sharma
The whole purpose of enforcing The Commercial Courts Act, 2015 was to improve the ease of doing business and the economy of the country. An Act to provide for the constitution of Commercial Courts, [Commercial Appellate Courts,] Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto.
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RELATIONSHIP BETWEEN LAW AND MEDICINE: AN ANALYSIS by: Sehjal Raj
The two professions of law and medicine are considered as the noble and learned professions. Each of them has a long tradition of the observance of ethics and each of them has given to society so many people who have achieved distinction in public and private life. Medicine is a science. Science can be defined as any organized body of knowledge. The method of science is descriptive. It investigates facts, digests natural phenomena and then it seeks to present them in the form of a systematic theory. The law, on the other hand, like ethics, is prescriptive. It seeks to lay down norms of human conduct. It deals with human conduct ought to be and not with external factors. Engagement in these professions, directly or indirectly, serves society. The quite common link between the two professions is that the professionals are required to adhere to strict professional ethics and etiquette of the respective professions. Several are required to be followed and the professionals have to keep themselves up to date with the new laws as well.
The paper focuses on the relation between the profession of medicine and the profession of law. The paper also highlights the need for studying law along with medicines.
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RIGHT TO DIE: LAW AND LEGISLATIVE by: Akancha Kailash
There has long been a debate as to whether our Constitution should be called "Constitution of India" or "Constitution of India". Although the Constitution has adopted provisions on fundamental rights from other constitutions, we should not hesitate to call our Constitution ours in the truest sense of the word. The Golden Triangle of the Constitution of India, consisting of Articles 14, 19 and 21, has always been an instrument in the hands of the Supreme Court of India when a fundamental rights issue was raised. Where the constitution guarantees everyone the right to life and personal liberty itself. The question arose whether the individual has the right to decide on the complete termination of life. For a long time, the question was answered in the negative and the primacy of the constitution was argued.
The following research article addresses the same issue considering recent developments in the country's constitutional and criminal justice systems. After decades of debate, the Supreme Court has finally decided to break its silence in the historic Aruna Shanbaug case, in which the court recognized that the right to die is an integral part of the right to life. In the following research article, the author offers an in-depth examination of the topic and explains its historical background and constitutional philosophy. The author went a step further and expanded the research field to include a critical analysis of the judgment of Arun Shanbaug and conducted a comparative analysis of the legality of euthanasia in countries such as India, the United States, Great Britain, the Netherlands, and Switzerland. As the concept of euthanasia is a young concept in the Indian legal system, the author has also highlighted its advantages and disadvantages which will help the reader to better understand the argument.
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A CRITICAL ANALYSIS OF GENDER PAY GAP AND WHY IS IT SO WIDE IN INDIA? by: Khushi Singh
The society is full of inequality. Let it be the among different groups, among different religious groups. Or let it be between men and women. The highest inequality is seen among the men and women. Lack of opportunities, backwardness in the education might be the reason. It can also be because of lack of ignorance. The situation needs to be analysed and studied.
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