Indian Journal of Law and Justice, Vol. 15, No. 01

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/5236

EDITORIAL NOTE

Season’s Greetings!

I am glad to announce the publication of the Vol. 15 No. 01 issue of the Indian Journal of Law and Justice. The Indian Journal of Law and Justice has come a long way in the last one decade from being a national law journal to being an internationally acclaimed journal and from being a mere print version to having a website of its own, namely ijlj.nbu.ac.in. Along with being enlisted by the UGC CARE, the journal is proudly indexed with the esteemed SCOPUS along with the HeinOnline and EBSCO. Innumerable scholars, academicians and professionals from the field of law as well as other social sciences sector have been relying on this journal for their scholarly publications and have played a pivotal role in their early career success. I along with my highly efficient editorial team pledge to building on the legacy of this journal. We are making an endeavour for online submissions of articles and research papers to improve and expedite peer review. We, as a team, shall continue to remain committed to making it a forum that welcomes scholarship from a diverse and global group of authors, whose ideas are at the cutting edge of law and policy research.

Keeping the trend of the Indian Journal of Law and Justice, authors across the globe have contributed on varied topical matters and raised relevant and pressing questions in their papers to enrich the journal. The current issue highlights on the importance and application of technology and Artificial Intelligence (AI) vis-à-vis legal framework, deepfakes, space laws and environmental issues, rape laws, animal rights, corporate governance, gender issues including LGBTQ rights, mediation and Indian business start- ups.

Apart from the above long articles, two commentaries and a book review in the current issue.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I express my gratitude again to the entire Editorial Team whose commitment and perseverance made this publication possible

Suggestions and opinions for the improvement of the journal are solicited.

With Best Wishes

Prof. (Dr.) Rathin Bandhopadhyay
Chief Editor

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    Jallikattu Tug of War, and Indian Supreme Court’s Tango marking a Giant Leap in Reverse for Legal Personality of Animal kind
    (University of North Bengal, 2015-03) Bharti, Sunanda
    The article discusses how the landmark judgment of Animal Welfare Board of India (AWBI) v. A. Nagaraja (2014), delivered by Supreme Court of India was superior in content, spirit and wisdom as compared to the latest AWBI v. UOI (May 2023). The former declared bulls unsuitable for sports like Jallikattu and bullock cart races. The court had then emphasised the need to interpret the Prevention of Cruelty Act, 1960 (PCA 1960) liberally in favour of animal welfare. It also assumed the role of parens patriae, responsible for safeguarding the rights of animals. The court argued that animals should not be treated as mere property, but as sentient beings deserving of legal protection. Animals became legal persons as a necessary effect of that judgement, though the court did not declare the same explicitly. However, the latter judgement has reversed the progress made in animal welfare. The Supreme Court's judgment in Animal Welfare Board of India v. UOI, delivered in 2023, allowed the resumption of Jallikattu and similar bovine sports. The court based its decision on amendments made by Tamil Nadu, Maharashtra, and Karnataka to their state legislations, presuming that these changes eliminated the cruelty associated with these sports. The court emphasised the need to consider the amended rules alongside the legislation to understand their true effect. The article highlights the paradox between India's professed concern for humane treatment of animals and the prevailing practice of animal abuse. It argues that unless laws regarding the legal status of animals are revised, meaningful change in their treatment cannot be achieved. The writing concludes by stating that the recent judgment has undone the progress made since the Nagaraja case, jeopardising animal welfare in India.