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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    Protection of Women’s Dignity and Development of Laws against Revenge Porn on Women in India: A Comparative Study
    (University of North Bengal, 2024-03) Sharma, Om Prakash; Roy, Lalit Kumar
    Revenge porn, means the unauthorized dissemination of private photographs or videos of a victim in cyberspace, is a newly judicially recognized crime and has an increasing trend in society with the increasing prevalence of technological advancement. This type of non-consensual pornography which is virtual rape, takes place for several reasons, i.e., taking revenge on his ex-partner, sextortion, blackmailing, getting custody of children from a divorced spouse, etc., which causes sexual exploitation, domestic violence, and more. Recent data shows that about 27% of total internet users in between 13-45 age groups were subjected to revenge porn in India. Though cases are being dealt with, with the help of the Indian Penal Code, 1860 and Information Technology Act, 2000 but till now, there are no explicit provisions dealing with this crime where victims can avail themselves of the relief effectively and without any hesitation. Today, no one can think of a life without the use of the Internet, but protecting women's rights is also a significant concern. Using a comparative analysis, the authors of this research paper will attempt to understand the rising concerns of revenge porn and its development and will try to present a solution to the problem.
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    Tax Liability Issues of Transfer Pricing in International Transactions with specific reference to the Partial Intellectual Property
    (University of North Bengal, 2024-03) Ragu Balan, P.; Prema, E.
    The Government acts as the parent and protects its people like children. Initially, Government was entrusted with the duty of protector but now the government functions for the development of people and to increase the standard of living. Government is a welfare state and utilizes all money for the development of its people. The government may accumulate revenue through different methods such as fees collected for government, direct tax, indirect taxes, providing license for business or individual performance, fines collected for the violation of traffic rules, etc., and collected revenues spent for people. The tax is one of the major sources of revenue collected based on income and consumption. Intellectual property is the property created by human intellectual, skill and intellectual labour, etc., The present research plans to drive the study towards how partial intellectual property escapes from tax liability. Generally, these transactions are done between two custom frontiers of different territories. As per Income Tax Act-1961, these transactions are covered under the name of transfer pricing. But, it covered tangible property, services, and financial transactions. Income tax provisions and methods are not useful for levy tax on the transfer of partial intellectual property and other intellectual property. Multinational companies have appointed technical experts to exclude tax liability by invoking tax loopholes. There are various methods used to evade the tax liability of the above- mentioned transactions. The research will identify the research gaps and fill those gaps with appropriate suggestions.
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    Analysing the Global Scenario of Sexual Harassment Laws with Special Reference to India: A Comparative Study
    (University of North Bengal, 2024-03) Basu, Upala
    The fear about workplace sexual harassment is a global issue now. In addition to violating the victim’s human rights, this specific type of gender-based violence also impairs their sense of dignity, productivity, and general well-being. Even with subject-specific legislation in place, there has been a rise in workplace harassment of women. Working women are not aware of the resources accessible to them in the event of sexual harassment. This paper on sexual harassment focuses on making a comparative study of the existing sexual harassment laws between India and other countries.
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    A Socio- Legal Analysis of the Forestry and Wildlife Offences with Special Reference to North Bengal Region
    (University of North Bengal, 2024-03) Bandyopadhyay, Souradipta
    Environmental criminal activities pose a grave peril not only to our present life but to our future as well. Unfortunately, national borders do not restrict environmental crimes such as forestry and wildlife offences. These crimes often occur hand to hand with other types of offences. Unlike any other crimes, green crimes pose a threat to human existence. Thus it's high time to safeguard the floras and faunas of our nation. The forest areas of North Bengal are not only a blessing of nature but also a dwelling place for numerous exotic species. A considerable amount of forest cover is situated under the demography of North Bengal. However, this heaven is not secure anymore. Due to its crucial position, this area has become a transit point of trans-boundary crimes and trafficking. Despite strict vigil and numerous legislations, it is becoming difficult to counter such diverse crimes. Through this following piece of work, the author has thus attempted to accentuate the forestry and wildlife crimes that are transpiring right now in this region along with their causes and reasons. The paper also has tried to touch the grey areas of this aspect to understand the contemporary scenario of this region. To discover the above-stated reasons the researcher has taken reference from various primary and secondary data. Finally, the researcher has also endeavored to furnish acuities to constrain the ongoing menace and prevent the circumstances of the forest areas of North Bengal.
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    Innovation and Progress: An Insight into the Indian Business Start-Ups and the Promotion of Scientific Temper for Socio-Economic Advancement
    (University of North Bengal, 2024-03) Rakshit, Souradeep; Moitra, Sanyukta
    The Constitution of India through its 42nd Amendment of 1976, incorporated "scientific temper' as one of the Fundamental Duties to every Indian citizen under Article 51 A (h). The first Prime Minister of India, Pandit Jawahar Lal Nehru mentions this term in his book "Discovery of India" where he characterised scientific temper as a mind-set to change or alter one's intuition in the light of evidences and not to accept anything which appears to be irrational or without proof. Our country has consistently put forth attempts to concede to the scientific temper, time and again and emphasised its significance. In 2013, the Science, Technology, and Innovation policy, developed by the Government of India pushed on the advancement of scientific temper amongst every citizen. However, it needs to go quite far to appropriately show this temperament while fostering the resolutions for achieving socio-economic goals of the country. Presently, it has been noticed that business ventures are intensely reliant upon scientific temper and this will be ultimately essential for the entrepreneurs to succeed. Thus, small and micro undertakings backed by competitive and state of the art technology will be the foundation for greater enterprises in the country, resulting in economic boom. All future businesses will be driven by science and technology and hence, it is called for addition of new avenues and enterprises, with changing time and further with scientific temper as its major ingredient. Start-ups can be considered as one such innovation that has been leading businesses growing by leaps and bounds. In India, the last decade emerged with great start-ups like CRED, Meesho, Swiggy, Zomato, Delhivery, Oyo and many more, making itself one of the most important start-up hubs in Asia and perhaps even in the world. The scientific temper in start-ups can further do wonders to India’s socio-economic growth in the long run. Hence, in this paper, the authors shall make an attempt to bring out the essence of scientific temper in bringing forth the technologically advanced start-ups in India and its capacity to form the basis of India's future in the global market, in terms of both technological advancements and entrepreneurship. The paper will also highlight the hindrances to its growth and suggest measures in contributing to the growth of start-up ecosystem in India.
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    Combatting Deep-fakes in India – An Analysis of the Evolving Legal Paradigm and Its Challenges
    (University of North Bengal, 2024-03) Sarkar, Diya; De Sarkar, Sudipta
    Advancement of artificial intelligence and machine learning have spurred a new wave of propagation of false content and information about events and people, as part of entertainment, disparagement, fraud, influencing patterns and perceptions of consumers and voters etc., using deep-fake materials and targeted disinformation campaigns. Many institutions now perceive deep-fakes as a significantly greater hazard than identity theft, which can also be done with deep-fakes. This is especially true since the COVID-19 pandemic when most interactions went online. The advancement of deep-fake technology has reached a stage where the validity and integrity of any digital audio or video content available online may be called into question. This study presents a conceptualization of deep-fakes, explores their socio-legal ramifications, and evaluates the current legal ecosystem in the United States, Europe, and India. The authors through a comparative review intend to present constructive recommendations for addressing the difficulties posed by deep-fake technology and restoring trust within the digital ecosystem. The primary aim of the authors is to draw attention to the existing vulnerabilities linked to deep-fake technology and underscore the significance of implementing legislative regulations to effectively tackle these problems.
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    322 Can We Protect Our Socio-Cultural Identity? Language Rights, Mother Tongue and Creation of a Constitutional Paradox
    (University of North Bengal, 2024-03) Chaki, Nishit Ranjan
    In India, The Constitution and the policy documents have always recognised the importance of mother tongue and have cherished the linguistic diversity of India. Language is a marker of identity and plays a key role in the formation of the socio-cultural identity of an individual. The various quantitative benefits of having mother tongue based education are well documented. Hence, this this paper specifically explores situations beyond these general statements. It attempts to study the various qualitative aspects related to mother tongue and how these ultimately shape the socio-cultural identity of the individual. Although people in India have the right to conserve their language and pursue education through it, a Hohfeldian analysis shows that there are complexities involved in realising this right. This paper attempts to understand some of the issues associated with non-realization of language rights and its effect on the loss of socio-cultural identity. It explores the position of language rights in the broader spectrum of constitutional structure related to language, especially the effects of transition from erstwhile multilingual States to primarily monolingual States. Further, it evaluates the importance of mother tongue being a specific focus of study within the broader concept of language rights. It explores the interface between language and education and argues that in this regard language rights ought to be non-negotiable. In this regard, it attempts to compare educational rights in the Constitution from the perspective of preservation of linguistic diversity of India. Finally, it details out the unique relationship of language and culture in India and also the role of language in the formation of socio-cultural identity of an individual. The paper is housed under the broad theme of evaluating whether the present linguistic rights and other constitutional provisions are sufficient in the long run to preserve the linguistic diversity of the country.
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    Rehabilitation of Rape Survivors: Policy, Trends and Challenges in India
    (University of North Bengal, 2024-03) Nagar, Bhawna; Upadhyay, Niteesh Kumar
    According to the National Crime Records Bureau, for every minute, three rapes are committed in India. What makes it worse is the ill treatment meted out to the rape victims by society and the legal system. The rape victim faces humiliation during the judicial procedure and delays in the rehabilitation procedure. Rape survivors need the help of a variety of institutions like the police, hospitals, government, society, and rehabilitation centres to overcome the physical and mental trauma. This paper will discuss the procedure for the rehabilitation of the rape victim and the legal provisions followed by the government during the trial procedure. Penal provisions and the recent changes in these legal provisions for the rape accused are also discussed in the paper. Compensation is part of the relief provided by the government as it fails to protect the victim’s basic rights. As rape is a serious infringement of the victim’s fundamental right, which is guaranteed by the government, the state is duty-bound to rehabilitate the victim. Although we have provisions for monetary compensation for rape victims in our legal system, there is an urgent need to revitalise the implementation process. Despite the fact that compensation, which is provided by the competent authority to the rape victim, cannot heal the victim physically or psychologically, it still helps the victim survive in this civilised society.This paper covers various government schemes for the victim’s rehabilitation. This paper has also focussed on the adequacy of the rehabilitation procedure and the monetary compensation that is given by the government.
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    Deepfakes on Copyright Law- Inadequacy of Present Laws in Determining the Real Issues
    (University of North Bengal, 2024-03) Nath, Aranya; B., Sreelakshmi
    We are in the 21st century, where rapid development of deep fakes technology led to cause harmful consequences justifies some form of regulation. The proposed laws are diverse, addressing many hazards linked with deep fakes. Rather than exploring the field, this Article investigates solutions to a specific set of concerns relating to national security. The interests are concerned with challenges to our social order. A bad actor may use deep fakes to exploit societal differences, destabilize political discussion, and erode faith in political institutions. The ensuing concrete harms might have far-reaching consequences for campaign reform, military operations, and intelligence collection missions, among other things. This Article discusses the legal and constitutional restrictions on any law aiming at legislating deep fakes and the issues related to national security.