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Volume 1, Issue 3

Issue 3 in Volume 1 of the Journal of Multi-Disciplinary Legal Research (JMDLR).

Constitutional LawVolume 1Issue 3

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Constitutional Safeguards to the Right to Life During the Times of the Pandemic Mihir S. Asolekar

Registered Death, Rank Registered, Cases, Toll And, Cases Cases, Registered TotalNov 8, 202110.5281/zenodo.56527188 pages

Abstract: Amidst the ongoing COVID Pandemic, the entire world has seen sufferings, loss of life, denial to adequate healthcare and medical facilities, the infringement to human dignity and also a shortage of oxygen and hospital beds in major hospitals. The Supreme Court of

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Constitutional LawVolume 1Issue 3

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The Indian Tribunals: Complication Eterne Esha Ghosh Ambika Kashyap

Ambika Kashyap, Esha GhoshNov 8, 202110.5281/zenodo.56527668 pages

The Tribunals are the quasi-judicial bodies that are created to reduce the work load of the courts and provide speedy remedy to the victims in certain cases. The tribunals are not exactly courts, nor do they follow the fundamental hierarchy of the courts. The rules of the courts are somewhat relaxed when it comes to the tribunals. With the amendment brought into the constitution of India, the tribunals have been given the power to settle certain disputes which no longer in the jurisdiction of the district courts. The applet jurisdiction of the of the High Court and the Supreme Courts are sometimes in question specifically when the judicial impression has become such that the tribunals tend to exclude all other jurisdiction and concentrate them to one decision making body. This paper seeks to analyze this concept along with the different reports that have been published in this regard. In India, the function of dispensing justice is entrusted to regularly established Courts on the pattern of Common law system. History of tribunals in India stands reflected dating back to the year 19411, when first Tribunal was established in the form of Income-Tax Appellate Tribunal. The Tribunals were however, set up to reduce the workload of courts, to expedite decisions and to provide a forum which would be manned by lawyers and experts in the areas falling under the jurisdiction of the Tribunal. The Constitution (Forty-Second Amendment) Act of 1976 brought about a massive change in the adjudication of disputes in the country. It provided for the insertion of Articles 323-A and 323-B in the Constitution of India, whereby the goal of establishment of Administrative Tribunals by the Parliament as well as the State Legislatures, to adjudicate the matters specified in the sub-clauses is made possible.2 There is a distinction between Article 323-A and 323-B as the former gives exclusive power to the Parliament and the latter gives power to the concerned State Legislature which is concurrent in nature by which the Parliament and the State Legislature can by law, constitute Tribunals for the respective subjects specifiedtherein. This is evident from the explanation appended to Article 323-B of the Constitution. The provisions of both these Articles are to be given effect 1 Walker, David M., Oxford Companion to Law, Oxford University Press, ISBN 0-19-866110-X, 1980 at p.1239. 2 6 Supra Note 2 at 271. Volume 1 - Issue 3 November, 2021 ISSN: 2582-9947 irrespective of any other provision of the Constitution or any other law for the time being in force.3

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Disaster & Emergency LawVolume 1Issue 3

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Global Crisis [COVID-19] and its Impact

Kavyasri .s.j.Nov 25, 202110.5281/zenodo.572803029 pages

In the early December of 2019, a city in China named Wuhan was the first to experience the outbreak of the novel corona virus. It was first suspected that the reason of this disease had its origin or the etiology from bats. An extremely high

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Criminal LawVolume 1Issue 3

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Analysis of Doctrine of Benefit of Doubt Apropos to Criminal Philosophy

Soumya MishraNov 22, 202110.5281/zenodo.57190599 pages

In our country, it is observed that the conviction rate is low, and it is the lowest if we talk about rape. A person who is accused of rape charges mostly gets acquitted because of the doctrine of benefits of doubt. Moreover, even in the case of gang rape, rape of minor the predators are not convicted because of the doctrine of benefit of the doubt. Thus, this paper revolves around the concept of the doctrine of benefit of the doubt and expounds on the pros and cons of this theory with respect to criminal philosophy. This paper mostly focuses on rape and the benefit of the doubt and tries to show that it is unjustified to use it in every case and using it every time can lead to miscarriage of justice. This paper also talks about the epistemic and testimonial injustice in rape cases that is happening around the world. It is observed that the complaint of rape is mostly not lodged because of the conventional mindset of people, and even if the victim gathers the courage and lodges the complaint the trial continued for months. During this phase, the victim is pressured to change her statement and several manipulations are done. After this tedious and long-time, our criminal justice system demands to prove it beyond a reasonable doubt, which stands totally unreasonable. Because of the pressure and epistemic injustice proving beyond reasonable doubt becomes a myth, and the theory of benefits acts as a catalyst in causing the miscarriage of justice. The paper also makes a comparative analysis with most of the countries’ the trial law and discusses the India’s condition in this aspect. Volume 1 – Issue 3 November, 2021 ISSN: 2582-9947 Thus, the main question which this paper raises is whether the theory of benefit should be used in all of the cases and whether this theory is causing miscarriage to justice. At last, the paper also gives certain suggestions pertaining to the topic.

#Benefit Of The Doubt#Miscarriage Of Justice#Proving Beyond A Reasonable Doubt

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Prison & Correctional LawVolume 1Issue 3

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Imprisonment and Recidivism

Neelargho RayNov 22, 202110.5281/zenodo.57190627 pages

India's written constitution, which is the world's longest, demonstrates how a democratic society in the Republic of India takes every effort to preserve its citizens' rights. If not the greatest, the provisions have at least given strive to ensure that their nationals' rights are

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Women & Gender LawVolume 1Issue 3

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Reservation for Women in Panchayat

Kavyasri .s.j.Nov 22, 202110.5281/zenodo.571906517 pages

Women are the foundational core for a well-developed and integrated society. Women empowerment is a way to enlighten women by acknowledging their self-worth and ability to make choices. Government on the other hand is responsible for a stable society. Government and people need to work together for a better nation. For people to trust the government, they should have power in their hands and have a say in decision-making. This is the main purpose of introduction of Panchayat Raj Institutions as local level government which would enable people to solve their problems with immediate and proficient solutions. Development of a nation needs to base on developing all sectors and classes of society. This led to the reservation system to empower certain classes. For the same reason reservation for women was bought in PRI’s. Several debates were made against reservation but the government’s striving efforts led to a better future for women. This paper aims at analyzing the various reservations made for women through various bills and amendments and the oppositions made against them. Volume 1 – Issue 3 November, 2021 ISSN: 2582-9947

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Criminal LawVolume 1Issue 3

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The Horrendous Crime of Acid Violence With Special Reference To Laxmi V. UOI

Anubhuti Sharma, Arsheya ChaudhryNov 22, 202110.5281/zenodo.57190505 pages

In India due to the jealousy and vengeance arising out of refusal to marry, denial of dowry result into acid attacks. Such attacks amount to the violation of their human rights. This paper also talks about the landmark case of Laxmi v. Union of India and emphasizes on the increasing threat of acid attacks and the precautionary and remedial steps to curb them. In this paper, the researcher also focuses on the physical, psychological and socio- economic impacts that has on the victims. The paper also argues that there must be fulfilment of monetary terms for the victims of acid attack. Illegal sale and purchase of acid are considered as non- bailable offence and it is still easily available in all most the grocery and hardware shops in both urban and rural areas. Sulphuric, nitric, and hydrochloric acid are the most prevalent forms of acid used in these attacks. Although, attack by acid barely kills a human being but it causes severe physical, psychological and social scarring that remains with victim throughout her life. However, the occurrence of eternal trauma is worse than death. This paper highlights the causes and impact of the acid attack on all innocent women and the problems or obstacle suffered by the victims.

#Acid Attacks#Violation#Threat

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Human Rights & International LawVolume 1Issue 3

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Human Rights Violations In China

Yashasvi BhedeNov 21, 202110.5281/zenodo.571728713 pages

The study provides an insight about the human rights violations happening in China. It helps us to recoginize the grounds behind China’s criticism of its policies. China has waged a repressive campaign against the minority Muslim Uyghur community in the northwest region

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Criminal LawVolume 1Issue 3

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Level Of Cyber Crimes During Covid-19 Pandemic

Lavanya PandiyanNov 21, 202110.5281/zenodo.57172917 pages

Cybercrime can have a great impact on present generation during this pandemic era. The use of cyber world has increased in worldwide and everything goes in online. When cyber defences lowered due to the shift of focus on health crisis and over dependency on technology during ‘Covid-19’ pays way for enemies against world power. Cybercrime now become a million- dollar business. As there are freely available and downloadable tools on the internet even script kiddies can download and run against any vulnerable target without understanding what the tools does. There have been reports of scams impersonating public authorities such as the World Health Organization, supermarkets and airlines targeting support platforms and offering Covid-19 cures and many other ways victims are targeted. Especially they target the public, who are now socializing and spending more time online in general, as well as the increased number of people who are working from home. Thus, technological challenges impact the security, victims’ time and finances, and also packs an emotional punch, anger, stress, vulnerability, powerlessness and violation. Volume 1 – Issue 3 November, 2021 ISSN: 2582-9947

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Environmental LawVolume 1Issue 3

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Environmental Justice Stories & Struggles:

Divyanshu SaxenaNov 18, 202110.5281/zenodo.571102314 pages

The preliminary aim of the study pertains to the comparative analysis of the incidents of ‘Deepwater Horizon- BP Gulf of Mexico Oil Spill’ and the several accidents called as, ‘Mumbai Oil spill cases’ that took place in the year 2010 by assessing the legal and

#“international Marine-based Oil Pollution”#“deepwater Horizon- Gulf Of Mexico Oil#“mumbai Oil Spill Cases 2010-2011”

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Intellectual Property LawVolume 1Issue 3

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Rights of an Unborn Child

Kratika JainNov 18, 202110.5281/zenodo.57110829 pages

Property Law in India has undergone tremendous change in the past few decades. From denying basic property rights to certain sections of the society such as women, to recognizing intellectual property rights, it has come a long way. One such domain is the transfer of property for unborn persons. The word unborn person has not been defined either in the transfer of property Act or under the Hindu succession Act. However, as per the Literal meaning, the word Unborn Person means “the person who has no existence at the time of the transfer of the property but may have its existence someday in future. The term unborn person also includes the Unborn Child. Such an interesting aspect of property law as it postulates transfer for the benefit of such a person who is not yet in existence. This subject has many grey areas, which need to be explored. The present research study is mainly doctrinal and analytical. Keeping this in view, the Researcher shall utilize the conventional method of using libraries consisting of primary Sources and secondary sources like Case-laws, legislations and books, journals etc. Respectively. Doctrinal methods for the purpose of research because have been adopted as It is not possible to study the subject by experimental method. From the collected material and information, the researcher proposes to conduct an in-Depth analysis of the topic of study. The

#Property Law#Transfer For The Benefit Of An#Section-13

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Cyber & Technology LawVolume 1Issue 3

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Tenebrosity of the Divide – Assessing the impacts of Digital Divide with respect to the COVID-19 pandemic

Vani DhakaNov 18, 202110.5281/zenodo.57111139 pages

Existing literatures have focussed on the meaning of digital divide and its effect under normal circumstances. With the advent of the COVID-19 pandemic however, it has become very important to reflect on the consequences that this divide has had on people all across the world during the pandemic. Until now, digital divide meant a gap in awareness but the Corona pandemic has overturned its meaning and has made it more severe than it ever was. It is now leading to people losing their jobs, students not being able to study and people having to give up on their careers all because of absence of digital access.1 This might in the future, give rise to and promote elitist tendencies. The impact of digital divide is far too serious in the virus- infected world and cannot be overlooked2. Before moving forward, it is very important to firstly understand the meaning of Digital Divide, its types and why despite of an overall increase in gizmos, does the divide still persist.

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Cyber & Technology LawVolume 1Issue 3

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Data Protection Laws in Portugal

Krish BhatiaNov 15, 202110.5281/zenodo.57024565 pages

The fundamental right to particular data protection was established in the Constitution of the Portuguese Republic 1976 ('the Constitution'). The first Portuguese Data Protection ActNo.10/91 was espoused in 1991, foreknowing the creation of the Portuguese

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Constitutional LawVolume 1Issue 3

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An Analysis of Article 370 and Article 35A of the Constitution of India and the Implications of its Revocation

John KennedyNov 12, 202110.5281/zenodo.568307517 pages

The general populace was outraged when Article 370 of the constitution was repealed. For the most part, India's choice was well-received. However, there have been complaints about the region's limits on communication and civil liberties. China and Pakistan have reacted forcefully, trying to begin a new chapter in the Kashmir conflict before the UN Security Council. To comprehend these arguments and determine whether or not they are still valid today, we must first comprehend the status quo, which is never static. That is why we need to take a gander at this article's evolutionary history. This paper examines the circumstances under which this Article was introduced into the Indian Constitution, how much of those circumstances still exist, what its contents were, and to what extent has this Article been diluted through time, if at all, since 1947.

#Accession#Conflict#Constitution

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Constitutional LawVolume 1Issue 3

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Case Comment on - S.R. Bommai v. Union of India, (1994) 3 SCC

Issued Review.Nov 11, 202110.5281/zenodo.56758376 pages

The case of S.R. Bommai v Union of India is a landmark judgment related to Article 356 of the Constitution which talks about the President’s Rule that has been given by the Supreme Court. Article 356 was supposed to be used only in exceptional situations. It was an era when the central government was constantly accused of using its power to usurp the opposition parties in the state and establish president’s rule in the state. President’s rule had already been called up to 95 times until the judgment in this case was delivered. Therefore, the onus was on the Supreme Court to determine the meaning of Article 356 and establish its scope in order to prevent its misuse. The Court played its role as the interpreter of the law and its decision gave clarity about the scope of Article 356 and also elaborately mentioned the circumstances under which it is applicable. The Court laid emphasis on the Federal Structure of India and gave priority to the floor test of the assembly and not the judgment of the governor. The Court also discussed the idea of secularism in the judgment. The decision was given by a 9-judge Constitutional Bench of the Court and has been a pivotal one in the maintenance of the Federal structure of the country and has placed a limit on the central governments on misusing this provision to usurp the state government which have other parties in power. The impact of the decision is still felt in the modern times and helps maintain the democratic structure in India. The case comment analyses the decision and brings forth the jurisprudence applied by the court while arriving at the decision.

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Family LawVolume 1Issue 3

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Speedy Disposal of Matrimonial Disputes in India- A Race Against

Vrinda ChaturvediNov 11, 202110.5281/zenodo.567599915 pages

Speedy Disposal of Matrimonial Disputes in India- A Race Against This paper is an analytical and experimental presentation of the piling matrimonial disputes in Indian courts and the failure to dispose them on time. There are causes, effect and implications-all inter-

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Evidence LawVolume 1Issue 3

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A Comparative Study on Reliability Of Eye-Witness Testimony

Parisa PraneethaNov 10, 202110.5281/zenodo.566926411 pages

An eye witness reports for investigation and prosecution are highly reliant on a criminal justice system. Incorrect or utterly fraudulent eyewitness statements may have harmful or deadly repercussions, particularly if they are the only available proof. Psychologists and other

#Evidentiary Value#Eye-witness#Forensic

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