Volume I Issue 3 (July, 2023 to September, 2023)

Articles 

COASTAL AND MARITIME SECURITY OF INDIA IN THE INDIAN OCEAN REGION: ASSESSING THE CHALLENGES AND OPPORTUNITIES OF SEA BED MINING by: Shivam Kumar Pandey & Mannu Jaiswal

 This research paper aims to particularly provide a comprehensive analysis of the coastal and maritime security of India in the Indian Ocean Region, specifically focusing on the challenges and opportunities associated with sea bed mining in a kind of major way. The legal framework governing sea bed mining in India is primarily established by the “Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act)” in a really big way. This act grants the basically central government the authority to regulate and control mining operations within India's territorial waters, really exclusive economic zone, and continental shelf, which generally is fairly significant. The paper highlights the challenges posed by sea bed mining, including the kind of potential environmental impact, adherence to basically international agreements and conventions, and technological and operational challenges. It explores the importance of conducting environmental impact assessments (EIAs) and implementing mitigation measures to basically ensure sustainable mining practices in a big way. The steps taken to abide by the rules and regulations set by the international organisations.

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 A DETAILED STUDY OF UNIFORM CIVIL CODE IN INDIA:   ADVANTAGES  &  DISADVANTAGES by: Charulata Jha

In the year 1859 in the Queen’s proclamation, it was specifically mentioned that there would be complete non- interference in the religious matters. This was specifically done so that the ‘Divide and Rule’ policy of the Britishers can be easily enforced. This was done as a measure to stop the people from joining hands and to ensure that the Sepoy Mutiny of 1857 or the Revolt if 1857 does not get reiterated. While this concept of codes is not new and many countries have worldwide have adopted Uniform Civil Code.  The renowned case of Shah Bano and others acted as reminder for the government for a need of the Code. Fewer attempts were made for the implication of such Codes. But with the recent ongoing debate surrounding the implementation of the Uniform Civil Code in India. It has sparked different sets of responses and opinions from its citizens. Many favouring it and many being against it.

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 CONFESSIONS UNDER THE INDIAN EVIDENCE ACT by: Viveka Kumar & Shivam Kumar Pandey

The Indian Evidence Act does not define the word Confession, but Confession is a statement made by an accused person who is associated with a crime, which infers that they committed a crime. The Act does not differentiate between the Admission and the Confession, but there is a fragile line difference between Admission and Confession. Confessions are upgrades of Admission, making them unique.

Admission can be judicial or extrajudicial, with judicial Admission admitted at the time of the judicial trial and extrajudicial Admission of facts made during normal day-to-day activities. Judicial admissions or extra judicial admissions are entirely admissible by the court of law under Section 58 and have much higher probative value into substantive any fused against or go against the confessor of the statements, with exceptions to Section 21 of the Indian Evidence Act.

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 REGULATION AND INNOVATION IN EMERGING INDUSTRIES by:  Shivam Kumar Pandey & Saveendla Sateesh

This research paper explores the intricate relationship between regulation and innovation within emerging industries in India. It examines the impact of regulatory frameworks on the pace and direction of innovation and analyzes how innovative practices influence the development and modification of regulations. The study highlights case studies from diverse emerging sectors to illustrate the interplay between regulation and innovation and provides insights into the challenges and opportunities this dynamic presents for both industries and policymakers.

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 CAPITAL PUNISHMENT: A DETAILED STUDY by: Khushi Singh

we often hear about capital punishment. In television, we even find sometimes that this criminal is hanged. Do we ever imagine what crime might the person have committed or what procedure was followed in giving such a harsh punishment? Whether a person can be given relief on some grounds and various other things. Here, we will try to find answers to the above questions.

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INDIA’S STRATEGIC AND ECONOMIC PERSPECTIVE IN MARITIME AFFAIRS: A NEW HORIZON by:  Shivam Kumar Pandey & Manish Kumar Singh

The research paper “India’s Strategic and Economic Perspective in Maritime Affairs: A New Horizon” delves into India’s evolving role in the maritime domain, both from a strategic and economic viewpoint. Situated at the crossroads of vital sea lanes and with a vast coastline, India is uniquely positioned to influence maritime affairs. The paper explores India’s multi-dimensional approach to maritime challenges, focusing on the blue economy, regional initiatives, and geopolitical significance. It also examines India’s participation in global platforms like the G20 and its efforts to balance economic development with sustainable practices in the maritime sector. Through a comprehensive analysis, the paper argues that India is at a pivotal juncture, with the potential to shape a new horizon in maritime affairs that could have significant implications for regional stability, global trade, and environmental sustainability.

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THE BHARATIYA NYAYA SANHITA (BNS) BILL, 2023 by:  Shivam Kumar Pandey 

The improved new legislation introduced by the current administration has replaced the procedural and substantive laws that have existed in our nation for many years. The legislation of the country has undergone substantial modifications. It asserted that the Indian Penal Code of 1806 was created to safeguard British government interests rather than those of Indian citizens. The document upholds the long-standing legislation and the “Bharatiya Nyaya Sanhita Bill” introduced in the Lok Sabha on August 1. Does putting out a new legislation create dread and hence alter society? Does the proposed law bring about change if it is passed or upheld? It is reasonable to conclude that the colonial Indian penal code was strict when it came to crimes committed by citizens, but the government authorities did a poor job of upholding the well-written legislation. Since women and children are the victims of the most horrific crimes and the ones whose corpses are tortured, the Bill's primary objective is to prioritize them.

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THE BHARATIYA NYAYA SANHITA (BNSS) BILL, 2023 by:  Shivam Kumar Pandey 

The Parliamentary Standing Committee on Home Affairs has been tasked with reviewing the three proposals and making suggestions. Within three months, the Committee must provide its report. Introducing these measures has taken an essential step toward modernizing India's criminal justice system. The proposals are intended to remedy the system's problems, such as trial delays, poor conviction rates, and a lack of victim protection. The proposals aim to increase the system's receptivity to public needs and guarantee that justice is administered swiftly and fairly. Mixed responses have been given to the three bills. While some people have praised the decision to replace the laws from the colonial era, others have voiced worries about the revisions' possible effects. These issues must be adequately considered before the Parliamentary Standing Committee makes its recommendations. Introducing these bills is a significant advancement in India's criminal justice system. It is still unclear how the bills will be put into effect and what effect they will have. However, the laws show the Government's commitment to changing the system and ensuring everyone receives justice.

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Theoretical Foundation of International Human Rights by:  Swapnil Suman

This article delves into the theoretical foundations of international human rights, exploring various approaches that have shaped our understanding of these rights. The Natural Law Approach emphasizes inherent equality but relies on methods open to interpretation. The Historical Approach considers cultural influence but risks neglecting individual rights. The Positivist Approach sees law as sovereign-made but lacks a connection to people's will. The Marxist Approach envisions human rights in classless societies. The Social Science Approach analyses rights within social processes but lacks clear legal connections. The article also discusses the evolution of human rights theories, from natural law to John Locke's influence on America's Bill of Rights. It categorizes human rights into natural, moral, fundamental, legal, civil and political, and social rights. Two overarching perspectives, the philosophical and pragmatic approaches, provide insight into the nature and application of these rights.

In conclusion, this article underscores the essential role of human rights in society, emphasizing their contribution to prosperity, individual dignity, and moral principles. While acknowledging the importance of human rights, it also highlights the need for responsible use and protection of these rights in the context of law and necessity.

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Electronic Use of Confidential Data: Balancing Security and Accessibility in the Digital Age by:  Aryan Raj

The rapid advancement of technology has ushered in an era where confidential data is a valuable asset that fuels innovation and drives economic growth. However, this digital revolution has also raised concerns about the electronic use of confidential data, as it becomes vulnerable to breaches and misuse. This article explores the multifaceted landscape of electronic data confidentiality, addressing its importance, challenges, and the strategies and technologies that can help secure it. With a focus on data protection, privacy, and the role of various stakeholders, we delve into the intricate web of electronic confidential data usage.

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