Browsing by Author "Mozika, Jyoti J."

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Open Access
Integrating the Right to be Forgotten in the Indian Legal Framework in the Light of Experiences from the European Union
(University of North Bengal, 2021-03) Mozika, Jyoti J.
The right to be forgotten was brought under the spotlight in the Google Spain case, which held that individuals have the right to seek erasure or delinking of certain information about them. However, its apparent conflicting nature vis-à-vis the right to freedom of speech and expression has created a hindrance in its acceptance and development across the world. This Article outlines the development of this right, traces the practical legal issues vis-à-vis the freedom of speech and expression that have arisen during its implementation, and proposes a test that may be helpful in overcoming this barrier. The article also examines the recognition of the right in the Indian context.
Open Access
Sociological Dimensions of Rape within Marriage Vis A` Vis a Married Woman’s Right to Her Own Person
(University of North Bengal, 2024-03) Mozika, Jyoti J.; Singh, Arpita
Legal thinker, William Blackstone wrote in late 1760’s that “by marriage the husband and the wife are one person in law; that is, the very being or legal existence of woman is suspended in marriage”. Reflecting upon this principle, a married woman’s legal identity would merge with her husband’s, where she had to abdicate her right after marriage. The institution of marriage became central to debates about the position of women in the nineteenth century, in which gendered and classed notions of equality restricted women’s rights within marriage. This article explores the sociology of marriage and various obligations imposed either by societal values or norms on the husband and the wife. It briefly discusses concepts related to marriage, such as – marital unity and authority, right of chastisement, rights of individuals within marriage and domestic/intimate partner violence. It also deals with the concept of right to equality and a married woman’s right to her own person in relation to her marital obligations.