Indian Laws Relating to Rape: A Critical Analysis
Nyaayshastra
by NLR Journal
7M ago
By Tajmul Karim, Research Scholar, Bankura University, West Bengal. Abstract Rape is one type of illegal sexual relationship that is not only illegal but also it is without the consent of the woman. It is the only crime, where the victim is ostracized socially, degraded morally, and achieves a dark spot on her dignity and character instead of getting sympathy from society. In the case of Rafiq v. State of U.P., Justice Krishna Iyer rightly said, “When a woman is ravished what is inflicted is not merely physical injury, but the deep sense of some deathless shame. Judicial response to human righ ..read more
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The Group of Companies Doctrine - Bone of Contention
Nyaayshastra
by NLR Journal
9M ago
By Amri Gupta, ,ICFAI Law School, IFHE, Hyderabad,*. Abstract The power conferred by Section 7 of the Arbitration & Conciliation Act 1996 ("the Act") is the primary element motivating parties to choose arbitration. Section 7 of the Act is based on the mutual consent of parties with a legal connection to refer to arbitration. Courts have construed Section 7 over time based on the interests of the parties, the circumstances, and the theories. The Group of Companies Doctrine ("the Doctrine") favours the concept of ‘single economic reality' over the doctrine of corporate personhood. It implies ..read more
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Ancient Indian Wisdom On Human Rights
Nyaayshastra
by Shambhavi Goswami
9M ago
By Shambhavi Goswami, University School of Law and Legal Studies, GGS Indraprastha University, Dwarka Campus, New Delhi.* Abstract Since approximately 4000 B.C there have been instances of jurisprudence principles... in India that comprised explanations of rules and processes for civil and criminal proceedings, with a focus on punishment. The Vedic Rishis constantly advocated for the protection of all members of society, and this was regarded as the responsibility of the state or monarch. As a result, the idea of individual rights is not just a Western concept.[1] The Rig Veda also mentions th ..read more
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The Cauldron of Water Conflict
Nyaayshastra
by NLR Journal
11M ago
By Vansh Tayal, Symbiosis Law School, Pune.* Abstract A strong illustration of cooperative federalism is provided by the Constitution's provisions related to interstate water disputes. In India, state governments are primarily in charge of managing water resources, with the exception of interstate rivers. It is where the federal government may step in. India is primarily served by the Peninsular River network and the Great Himalayan Drainage System. Home to 14 major interstate rivers, India always finds itself amid an interstate river water dispute. To cope with it, the government devised a co ..read more
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Legal Issues With Respect To Online File Sharing And Copyright
Nyaayshastra
by NLR Journal
11M ago
By Shivam Narayan Pandey, School of Law, Bennett University.* Abstract The core element of copyright is that persons who produce such intellectual work should be able to support themselves through their talent and labour and that innovation must be recognised. Owners are given control over and a share of the money made from the commercial exploitation of their works pursuant to copyright protection. Copyright comes into being as soon as the work is produced since it is about safeguarding "original expression." Intangible forms of expression that can be viewed, reproduced, or otherwise communic ..read more
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Juvenile Justice Laws in India: Critical Analysis Emerging Trends, Issues and Challenges
Nyaayshastra
by NLR Journal
11M ago
By Tamanna Khan, Symbiosis International Deemed University, Noida.* Abstract This paper provides comprehensive evaluation of the present scenario of juvenile issues in Indian Criminal system. Also highlights the rights of the detained young offenders. The basis of juvenile laws system lies in juvenile delinquency. A separate legislation is enacted for children taking into consideration the need of juvenile. With changing times, a major number of juveniles are in conflict with law. Thus, a specialised as well as preventive legislation has been established in India. Keywords: Juvenile Justice, J ..read more
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Unveiling the Power of Broadcasting Rights in Sports: A Game-Changer for Athletes, Fans, and Media
Nyaayshastra
by NLR Journal
11M ago
By Zainab Fatma, Aligarh Muslim University.* Abstract The article explores the profound effect on rights of broadcasting in the world of sports. Nowadays sport’s organisations, athletes, and broadcasters can take advantage of the wide audience and lucrative opportunities provided by sports content thanks to the emergence of broadcasting rights as a key component of the sports sector. This article delves into the significance of broadcasting rights, highlighting their role in revenue generation, global exposure, athlete prominence, and sponsorship opportunities. It also examines the key players ..read more
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Principles Of Jurisdiction In Cyber Law
Nyaayshastra
by NLR Journal
11M ago
By Parvathy S, Department Of Law, University Of Kerala.* Abstract With the advent of globalisation, various forms of communication systems were developed and led to a new information age. Today, we live in the information age, information technology is a part of our daily life. Internet has truly become an essential factor for our existence. The whole world has become a global village with the help of internet. Though it has many advantages, the information technology has led to many cyber-crimes in cyber space such as cyber terrorism, data thefts, invasion of privacy and other computer based ..read more
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A Critical Analysis Of The Doctrine Of Frustration And Its Application When Unforeseen Events Render
Nyaayshastra
by NLR Journal
11M ago
By Sri Bala Lasya Pusuluri, Jagarlamudi Chandramouli College Of Law, Andhra Pradesh.* Abstract This paper provides a comprehensive analysis of the doctrine of frustration and its application when unforeseen events render contracts impossible to perform. It explores the historical development of the doctrine, its underlying principles, and relevant legal precedents that have shaped its interpretation. The essential elements and criteria for establishing frustration are examined, along with their significance in determining the doctrine's applicability. Real-life case studies, including the COVI ..read more
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Locating Legality Of Video Game Streaming In Indian Copyright Act
Nyaayshastra
by NLR Journal
1y ago
By Gaurav Dahiya, LL.M. candidate at Indian Law Institute, New Delhi.* Abstract The video game streaming industry is witnessing an unprecedented boom, growing at nearly 25% each year. Online game streamers such as Ninja and Pewdiepie have achieved unprecedented fame. This growth has coincided with the growth of E-sports in general, characterised by its inclusion in the 2023 Asian Games. But for a very long time, the question of copyright infringement has loomed over the video game streaming industry like a dark cloud. Around the world there is confusion as to whether streaming a playthrough of ..read more
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