INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

FAIR DEALING TREND IN INDIA: ARE WE MOVING FORM QUALITATIVE TO QUANTITATIVE ANALYSIS BY - SUHASINI

Authors : SUHASINI

Registration ID : 106009 Published Paper ID: IJLRA6009

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : suhasinikashyap@gmail.com

Page No : 19 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/09.2023-37895994/FAIR DEALING TREND IN INDIA

CYBERCRIMES: A SOCIO-ECONOMIC MENACE BY - HARRIS M FAZAL

Authors : HARRIS M FAZAL

Registration ID : 106008 Published Paper ID: IJLRA6008

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : harrismfasal13@gmail.com

Page No : 14 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/09.2023-65495423/CYBERCRIMES

REPRESENTATION OF WOMEN IN THE LEGAL PROFESSION IN INDIA DO THEY NEED EMPOWERMENT? BY - SHREYASH GUPTA

Authors : SHREYASH GUPTA

Registration ID : 105922 Published Paper ID: IJLRA5922

Year : Aug -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : anitagupta840.ag@gmail.com

Page No : 11 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/08.2023-23441984/REPRESENTATION OF WOMEN

"ASSESSING THE VIABILITY OF VICTIM IMPACT REPORTS IN THE INDIAN LEGAL SYSTEM" BY - INSIA ARORA

Authors : INSIA ARORA

Registration ID : 105914 Published Paper ID: IJLRA5914

Year : July -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : vidhikiranlegal@gmail.com

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UNIFORMITY IN DIVERSITY: AN ANALYSIS OF IMPLEMENTATION OF UNIFORM CIVIL CODE IN INDIA By: Mehuli Mishra

Authors: Mehuli Mishra

Registration ID: 105911 Published Paper ID: IJLRA5911

Year : July -2023 | Volume: II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: mehulimishra6971@gmail.com

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INTERNAL RESERVATION FOR ECONOMICALLY WEAKER SECTIONS: IS SUPREME COURT OF INDIA DONE INJUSTICE TO SOCIAL JUSTICE By - Dr.P.R.L.Rajavenkatesan

Authors: Dr.P.R.L.Rajavenkatesan

Registration ID: 105909 Published Paper ID: IJLRA5909

Year : July -2023 | Volume: II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: venkatesanpvr@gmail.com

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AN EMPIRICAL STUDY ON PARENTAL LEAVE SYSTEM AND THE NEED FOR PATERNITY LEAVE - A GLOBAL ASPECT. By - Jaisri Y R, Harnita Prasad & Harini C

Authors: Jaisri Y R, Harnita Prasad & Harini C

Registration ID: 105906 Published Paper ID: IJLRA5906, IJLRA5907 & IJLRA5908

Year : July -2023 | Volume: II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: jaisriyuvaraj7@gmail.com, harnitaprasad60@gmail.com & harinichandrakumar2003@gmail.com

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HUMAN RIGHTS AND ENVIRONMENT: THE ENTWINED By - Lakshmy S

Authors: Lakshmy S

Registration ID: 105904 Published Paper ID: IJLRA5904

Year : July -2023 | Volume: II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: lekshmy90@gmail.com

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THE RECOGNITION AND ENFORCEMENT OF AWARDS MADE BY AUTOMATED ARBITRATORS IN ONLINE ARBITRATION By - KP Revanth Chinnappa

Authors: KP Revanth Chinnappa

Registration ID: 105903 Published Paper ID: IJLRA5903

Year : July -2023 | Volume: II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: revanthchinnappa@gmail.com

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WOMENS RIGHTS AS HUMAN RIGHTS IN CONTEMPORARY ERA: AN INDIAN APPROACH BY - ASWATHI SUKUMARAN

Authors: ASWATHI SUKUMARAN

Registration ID: 105902 Published Paper ID: IJLRA5902

Year : July -2023 | Volume: II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: adv.aswathisukumaran@gmail.com

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International journal for legal research and analysis

Abbreviation:IJLRA

ISSN:2582-6433

Website:https://www.ijlra.com/

Accessibility:Open Access

License:Creative Commons 4.0

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All research articles published INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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IJLRA	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
IEEE	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)

[1] Ph.D Research Scholar, GGSIPU. suhasinikashyap@gmail.com

[2] Zechariah Chafee, Jr., “Reflections in the Law of Copyright”, 45 Columbia Law Review, 503 (Jul., 1945). Available at https://www.jstor.org/stable/a342a6aa-eaed-3eea-aef0-73ade48ee5dc?searchText=Reflections+on+the+Law+of+Copyright+I&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3DReflections%2Bon%2Bthe%2BLaw%2Bof%2BCopyright%253A%2BI&ab_segments=0%2Fbasic_search_gsv2%2Fcontrol&refreqid=fastly-default%3Afc2b5d30e30560142dd097aa216a9c16. Last Visited on 24th August, 2023

[3] Bently, Sherman, “Intellectual Property Law”, 3^rd edn, Oxford University press, (2009), pg-28.

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[7] Sterling, J.A.L, “World Copyright Law”, Sweet and Maxwell, (1998), Pg-772.

[8] Chelsea Sawlani, “Copyright, Culture and Contemporary Debates: A Jurisprudential Analysis of Fair Dealing in India”, 28 JIIPR, 204(May,2023). Available at https://or.niscpr.res.in/index.php/JIPR/article/view/713/494. Last Visited on 25^th August, 2023.

[9] https://www.mondaq.com/india/copyright/930556/concept-of-fair-use-and-fair-dealing-in-copyright . Last Visited on 25^th August, 2023.

[10] VK Ahuja, Law Relating to Intellectual Property Rights 155 (LexisNexis, New Delhi, 2010)

[12] https://suranaandsurana.com/2022/09/02/doctrine-of-fair-dealing-in-indian-copyright-law/#:~:text=The%20term%20fair%20dealing%20has%20not%20been%20defined%20in%20the,circumstances%20of%20a%20given%20case. Last Visited on 25^th August, 2023.

[2]https://cpl.thalesgroup.com/software-monetization/what-is-intellectual-property- theft#:~:text=Intellectual%20property%20theft%20is%20one,%2C%20client%20lists%2C%20and%2 0more.

[3] Steven Caldwell, Thomas Holt 2018 Digital Piracy: A Global, Multidisciplinary Account Routledge

[4] Sibichen k Mathew 2020 You Just Got Cheated: Understanding White-Collar Crime SAGE Publishing India

[6] Rodney D. Ryder, Nikhil Naren, 2020 Internet Law Regulating Cyberspace and Emerging Technologies Bloomsbury

[1] Status of Women in India" by Shobana Nelasco, p.11

[3] Anjali Chandal(2015) Women empowerment and constitutional Provisions, legal service India, e- journal

[4] Times of India- By Mita Kapur, Founder, curator and producer of Woman Up! Summit

[5] Leila Seth, On Balance – an Autobiography (Viking Penguin , 2008)

[2] Rattan Singh v. the State of Punjab, (1979) 4 SCC 719

[3] Karan vs. State NCT of Delhi, Delhi High Court, dated 27.11.2020 in Crl. A. No.352 of 2020

[5] Ismail, S., 2021. Victim Impact Statement In Criminal Sentencing: Success Or Setback For The Criminal Justice Process?. [online] Available at: <https://www.researchgate.net/publication/322405791> [Accessed 4 August 2023].

[6]VICTIM IMPACT STATEMENTS: KNOW YOUR RIGHTS. [online] Available at: <https://www.justice.gov/sites/default/files/usaowdla/legacy/2013/02/27/vns_Victim%20Impact%20Statements%20Know%20Your%20Rights.pdf> [Accessed 4 August 2023].

[7] Sarita K. Sharma, Feasibility and Acceptability of Victim Impact Report (Delhi Vir Model) in India – An Analysis, 3 (4) IJLSI Page 358 - 371 (2021), DOI: https://doij.org/10.10000/IJLSI.11899

[8] Karan vs. State NCT of Delhi, Delhi High Court, dated 27.11.2020 in Crl. A. No.352 of 2020

[9] Crime in India 2019. [online] Available at: <https://ncrb.gov.in/sites/default/files/CII%202019% 20Volume%201.pdf> [Accessed 4 August 2023].

[1] Mohd. Ahmad Khan v. Shah Bano Begum (1985) 2 SCC 556

[2] Sarla Mudgal, (Smt.) President, Kalyani, and others versus Union of India and others (1995) 3 SCC 635

[3] Lily Thomas v Union of India (2000) 6 SCC 224

[5] Kesavananda Bharati v State of Kerala (1973) 4 SCC 225

[6] Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira & Others (2019) 20 SCC 85

* Associate Professor (Senior), VIT School of Law, Vellore Institute of Technology, Chennai-600 127.

[1] Srimathi Champakam Dorairajan v. The State of Madras AIR 1951 SC 226.

[2] Art.15. Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

[3] Art.46.Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.

[4] Art.15(4) of the Constitution of India states that Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

[5] M.R.Balaji and Ors v. State of Mysore AIR 1963 SC 649.

[6] T. Devadasan v. Union of India, AIR 1964 SC 179.

[7] Chitralekha v. State of Mysore, AIR 1964 SC 1823.

[8] General Manager, S.Rly v. Rangachari, AIR 1962 SC 36.

[9] Venkataraman v. State of Madras, AIR 1951 SC 229.

[10] Jacob Mathew v. State of Kerala, AIR 1964 Kerala 39.

[11] P. Rajendran v. State of Madras, AIR 1968 SC 1012; Periakaruppan v. State of Tamil Nadu, AIR 1971 SC 2303.

[13] State of U.P v. Dr. Dina Nath Shukla, AIR 1997 SC 1095.

[14] E.V.Chinnaiah v. State of A.P., (2005) 1 SCC 394.

[15] Dr. Durga Das Basu, Introduction to the Constitution of India 423(Lexis Nexis, Haryana, 21^st edn., 2013).

[16] Indra Sawhney v. Union of India, (1992) Supp. (3) SCC 217.

[17] A.V. Dicey, An Introduction to the Study of the Law of the Constitution 34 (Universal Law Publishing Co, New Delhi,6^th edn., 2012).

[18] Granville Austin, Working A Democratic Constitution A History of the Indian Experience 388(Oxford University Press, New Delhi,17^th impression,2020).

[19] M P Jain, Indian Constitutional Law 986 (Lexis Nexis, Haryana, 7^th edn.,2014).

[20] Southern Railway v. Rangachari, AIR 1962 SC 36.

[21] Mahendra Pal Singh, V.N. Shukla’s Constitution of India 118 (Eastern Book Company, Lucknow,12^th edn., 2013).

[22] Art.16(4) of the Constitution of India; “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.”

[23] K.C.Vasanth Kumar v. State of Karnataka 1985 Supp SCC 714.

[24] M.Nagaraj v. Union of India AIR 2007 SC 71.

[25] The Constitution (Seventy Seventh Amendment) Act,1995 which inserted Article 16(4A); The Constitution (Eighty First Amendment) Act,2000 which added Article 16(4B); The Constitution (Eighty Second Amendment) Act,2000 which added Article 335 and The Constitution (Eighty Fifth Amendment) Act,2000 which added “consequential seniority” for SC/STs under 16(4B).

[27] Mukesh Kumar v. State of Uttarakhand (2020) 3 SCC 1 : the court said that there is no fundamental right to reservation.

[28] Jarnail Singh v. Lacchmi Narain Gupta, Civil Appeal No. 629 of 2022 (Arising out of SLP (C) No. 30621 of 2011), Judgement delivered on 28^th January,2022.

[29] Available at: https://blog.ipleaders.in/jarnail-singh-vs-lachhmi-narain-gupta-case-study(last visited on 19.06.2023).

[30] IR Coelho v. State of Tamil Nadu AIR 2007 SC 861- The Court held that if any law found inconsistent with Part 3 of the Constitution even included in Ninth Schedule of the Constitution would be struck down by the process of judicial review and reiterated that judicial review is the part of the basic struct doctrine.

[31] The Constitution (One Hundred and Second Amendment) Act,2018 resulted in constitutional status to the National Commission for Backward Classes. Moreover, it has taken away the power of the State Governments to identify socially and educationally backward classes (SEBC) and power to identify the SEBC lies with the Centre but make suggestions to the President or the statutory commissions for inclusion, exclusion, or modification in the SEBC list.

[32] Art.342A inserted by the Constitution (One Hundred and Second Amendment) Act,2018, s.4(w.e.f.15-8-2018).

[33] Art.342A of the Constitution of India- Socially and educationally backward classes and mentioned that the president may with respect to any State or union territory and where it is a State after consultation with the Governor, thereof, by public notification specify the socially and educationally backward classes in the Central List which shall for the purpose of the Central Government be deemed to be socially and educationally backward classes in relation to that State or Union territory as case may be.

[34] The Constitution (One Hundred and Fifth Amendment) Act,2021 was brought to amend Articles 338 B, 342A and 366 and to restore the power of the state governments to identify Other Backward Classes that are socially and educationally backward and to nullify judgement of the Supreme Court namely Dr. Jaishree Laxmanrao Patil v. The Chief Minister and Others Civil Appeal No.3123 of 2020 Supreme Court, which had empowered only the Central Government for such identification.

[36] Art.16 of the Constitution of India mentioned about Equality of opportunity in matters of public employment.

[37] Dr. Jaishree Laxmanrao Patil v. The Chief Minister and Others, Public Interest Litigation No.175 of 2018, Bombay High Court.

[38]Available at:https://www.livelaw.in/top-stories/maratha-reservation-bombay-hc-145929(last visited on 25.06.2023).

[39]Pattali Makkal Katchi v. A. Mayilerumperumal & Ors 2022 LiveLaw (SC) 333. In this case Supreme Court of India held that internal reservation of 10.5% to the Vanniyar Community under the Category Most Backward Classes is unconstitutional and the Constitutional 105^th Amendment Act is prospective in nature and rejected the contention that the Constitution 105^th Amendment is clarificatory in nature and should be given retrospective effect from the date on which 102^nd Amendment Act came into effect because the opponent had questioned the validity of the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State with the Reservation for the Most Backward Classes and Denotified Communities Act,2021. It is also stated that sub-classification amongst backward classes is permissible and State has the legislative competence to enact the legislation. In V.V.Saminathan v. The Government of Tamil Nadu W.P.No.15679 of 2021 Madras High Court delivered judgment on -01.11-2021held that no such commission report was received by the State Government except a letter in the form of remarks, dated 23.02.2021 from the Chairman of the Tamil Nadu Backward Classes Commission and there is no data much less quantifiable data available with the State Government before the introduction of the impugned Act and finally held that caste alone cannot be a criteria to make reservation and the State Legislature has no power to enact such legislation and accordingly, the State Legislature has no competency to pass the impugned Act. Based on the above it can be said that Unfortunately 10.5% internal reservation for Vanniyar in MBC was set aside citing the reason that it was not supported by any data even though internal reservation for other caste has been given without any quantifiable data. It resulted in pushing down 100 years back of that vanniyar community which is against the social justice.

[40] Vikas Balwant Alase & Ors v. Union of India through Secretary & Ors W.P. No 2663 of 2021Bom HC.

[41] Art.15(6) of the Constitution of India says that any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses(4) and (5); and special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by a State other than the minority educational institutions and in case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent of the total seats in each category. It was inserted by the Constitution (One Hundred and Third Amendment) Act,2019, s.2(w.e.f.14-1-2019).

[42] Art.16(6) of the Constitution of India says that State has a power to make any provision for the reservation of appointment or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4) of art.16, in addition to the existing reservation and subject to a maximum of ten per cent of the post in each category. It was inserted by the Constitution (One Hundred and Third Amendment) Act,2019, s.3 (w.e.f.14-1-2019).

[43] Writ Petition (Civil) No.55 of 2019 Supreme Court of India.

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[1] Where Women are honoured, divinity blossoms there, and where ever women are dishonoured, all action no matter how noble it may be, remains unfruitful.

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[14] Ritu Dhanoa, “Violation of Women Human Rights in India”, International Journal in Multidisciplinary and Academic Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973)

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[17] Dr. B Prabhakara Rao, “Violation of Women Human Rights in India”, International Journal of Research in Social Sciences, Vol. 7 Issue 8, August 2017, (ISSN: 2249-2496).

[18] Ritu Dhanoa, “Violation of Women Human Rights in India”, International Journal in Multidisciplinary and Academic Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973).

[20]The Preamble of the Constitution of the World Health Organization, available at https://www.who.int/bulletin/archives/80(12)981.pdf , accessed on 7 Nov 2022

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Pg 512.

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Pg 26

[26] Mamta Rao, “Law relating to Women and children”, Eastern Book Company Publications, Lucknow,2018,

Pg 26

[27] Manu defined stridhana as “that which is given to a woman before her nuptial fire in bridal procession as a token of love from her brother, mother father or husband.”

[28] Mamta Rao, “Law relating to Women and children”, Eastern Book Company Publications, Lucknow,2018,

Pg 26,27

[29] Mamta Rao, “Law relating to Women and children”, Eastern Book Company Publications, Lucknow,2018,

Pg 26,27.

[31] Sutapa Saryal, “Women’s Rights in India: Problems and Prospects”, International Research Journal of Social Sciences, Vol. 3(7), 49-53, July (2014),

[32] Mamta Rao, “Law relating to Women and children” (Eastern Book Company Publications, Lucknow,2018)

Pg. 147

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[37] Mamta Rao, “Law relating to Women and children” ,(Eastern Book Company Publications, Lucknow,2018)

Pg. 201

[38] Rouf Ahmad Bhat and Prof. Dr. Anita Deshpand, “Overview of Sexual Harassment of Women at Workplace in India: An Analytical Research”, International Journal of Innovative Research in Science, Engineering, and Technology, Vol. 6, Issue 7, July 2017

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[49] Sutapa Saryal, “Women’s Rights in India: Problems and Prospects”, International Research Journal of Social Sciences, Vol. 3(7), 49-53, July (2014),

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[51] Raghuvir K Devani, “An Analysis - Rights of Women Under the Indian Constitution”, Academic Journals, Vol 1/ Issue (1)2013

[54] Covenant of the League of Nations, 1919, Art. 7.

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[57] Adopted by the General Assembly by its Resolution 217 A (III) 10th December 1948., Available at https://www.un.org/en/sections/universal-declaration/history-document/index.html , accessed on 21 Nov 2022

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[62] Convention on Elimination of All Forms of Discrimination Against Women, 1979, Art.7.

[63] Convention on Elimination of All Forms of Discrimination Against Women, 1979, Part III, Art .11

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