INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

THEORIZING CUSTODY JURISPRUDENCE AND THE BEST INTEREST PRINCIPLE IN SOUTH ASIAN COUNTRIES BY - SYED MUJTABA ATHAR

Authors : SYED MUJTABA ATHAR

Registration ID : 106763 Published Paper ID: IJLRA6763

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : syed187584@st.jmi.ac.in

Page No : 24 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/02.2024-73244142/THEORIZING CUSTODY JURISPRUDENCE AND THE BEST INTE

REGULATION OF ADVANCED DIGITAL FOOD SERVICE TECHNOLOGIES IN INDIA BY - VIPASHA CHIRMULAY & DR LS CHIRMULAY

Authors : VIPASHA CHIRMULAY & DR LS CHIRMULAY

Registration ID : 106761 Published Paper ID: IJLRA6761 & IJLRA6762

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : vchirmulaybvdu@gmail.com

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CARBON FOOTPRINTS OF DIGITAL TECHNOLOGIES: ASSESSING ENVIRONMENTAL IMPLICATIONS & POLICIES BY - KESHAV GARG

Authors : KESHAV GARG

Registration ID : 106760 Published Paper ID: IJLRA6760

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : adv.keshavgarg@gmail.com

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SEPARATION OF POWER BY - POORVA CHAWLA

Authors : POORVA CHAWLA

Registration ID : 106759 Published Paper ID: IJLRA6759

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : ankit.sh0990@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/02.2024-38474943/SEPARATION OF POWER

TRAFFICKING OF WOMEN AND CHILDREN IN INDIA: A SOCIOLEGAL PERSPECTIVE BY - TRUPTI AGARKAR

Authors : TRUPTI AGARKAR

Registration ID : 106758 Published Paper ID: IJLRA6758

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : tagarkar9@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/01.2024-94136679/TRAFFICKING OF WOMEN AND CHILDREN IN INDIA: A SOCI

UNDER THE RAINBOW: NAVIGATING THE SOCIO-LEGAL LANDSCAPE OF LGBTQ+ COMMUNITY BY - ADITYA VERMA & MEHUL NARAYAN DUBEY

Authors : ADITYA VERMA & MEHUL NARAYAN DUBEY

Registration ID : 106756 Published Paper ID: IJLRA6756 & IJLRA6757

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : vaditya9415@gmail.com & mehuldubey07@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/01.2024-79225973/UNDER THE RAINBOW: NAVIGATING THE SOCIO-LEGAL LAND

CONCEPT OF CONSENT IN MUSLIM MARRIAGE. BY - PRADICTA SHREY

Authors : PRADICTA SHREY

Registration ID : 106755 Published Paper ID: IJLRA6755

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : shreyasingh747953@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/01.2024-15444979/CONCEPT OF CONSENT IN MUSLIM MARRIAGE

MENTAL HEALTH ACT BY - R. DIVYA

Authors : R. DIVYA

Registration ID : 106754 Published Paper ID: IJLRA6754

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : divyarajan2329@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/01.2024-45648973/MENTAL HEALTH ACT

RECOGNITION OF TAIWAN AS A STATE: A STUDY BY: SHASHWATA BIRADAR

Authors : SHASHWATA BIRADAR

Registration ID : 106753 Published Paper ID: IJLRA6753

Year : Jan-2024 | Volume : II | Issue : 7

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Doi Link : https://www.doi-ds.org/doilink/01.2024-27964868/RECOGNITION OF TAIWAN AS A STATE: A STUDY

CRITICAL ANALYSIS ON THE INTRODUCTION AND EFFECTS OF HINDU CODE BILL IN INDIA BY - SARTHAK BOBADE

Authors : SARTHAK BOBADE

Registration ID : 106752 Published Paper ID: IJLRA6752

Year : Jan-2024 | Volume : II | Issue : 7

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

Email Id : sarthakbobade2410@gmail.com

Page No : 26 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/01.2024-97618196/CRITICAL ANALYSIS ON THE INTRODUCTION AND EFFECTS

International journal for legal research and analysis

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[2] See, for example, (Asha and Beniwal, 2012; Tawhida, 2019)

[4] (Brunotte et al., 2014; Edwards, 2014) For a general reading on the subject, see,(Said, 2003; W. Said, 1993) (Gramsci, n.d.). Gramsci would call this phenomenon a cultural hegemony of the cultural elites.

[6] According to Kennedy, the other dichotomies of the liberal world arguably are: These distinctions are state/society, public/private, individual/group, right/power, property/ sovereignty, contract/tort, law/policy, legislature/judiciary, objective/subjective, reason/ fiat, freedom/coercion.

[7] For a comprehensive analysis of the concept of legal fiction and how it operates to formulate jurisprudential thinking and interpretation in law, see also, (Dworkin, 1986); Also, (Vining, 1987)

[9](Freeman, 1985);(Bottomley, 1984; Olsen, 1983);(O’Donovan, 1985)

[16] UN Child Right Convention, 1989 Article 9:
1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.

4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.
UN Child Right Convention, 1989 Article 10:
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.

[17] For example, in Ireland, Chapter IV, S-31(1) of Child and Family Relationship (Amendment) Act, 2015 enlists 11 factors and circumstances that a court must consider to determine the best interest of the child. See, electronic Irish Statute Book (eISB), “Determining the best interest of the child, Insertion of Part V in Act of 1964, Child and Family Relationship Act, 2015” (Office of the Attorney General) available at: https://www.irishstatutebook.ie/eli/2015/act/9/section/63/enacted/en/html (last visited January 6, 2023). Similarly, although there are difference in various state laws related to what constitute the factors for determining the best interest of the children, the federal children’s bureau enlists five factors that covers the different factors enlisted under various states statutes in the USA. These factors can be found here, (Child Welfare Information Gateway, 2020)

[20] (JJW v. BMW, 1976) at 52. See also, S. v. S I.L.T.R., 1992, 732.

[21] For example, In another UK Supreme Court case, F.N v. C.O, I.R. 1970, IV at 311, involving an application for custody by the father of two daughters, the impact of such an order on the children’s intellectual welfare was considered. If granted, the order sought would have resulted in the removal of the two children from Ireland. The judge noted that this would have potential impact on the education and social development of the girls.

[23] for example, see King v. Vancil, 34 Illinois Appeal 3d 831 (1975).

[24]The EU can only create legislation in areas where the treaties specifically provide it such authority. It lacks the authority to enact legislation relating to divorce, child custody, or parental care. This means Parliament can't pass rules governing the conditions under which a divorce can be granted, the obligation of parents to pay child support, or how decisions about custody and visiting rights are determined. The EU, on the other hand, has the authority to foster judicial cooperation in civil disputes with cross-border ramifications. It has enacted a variety of regulations governing judicial cooperation in civil cases. These regulations are founded on the principle of mutual recognition in general.

[25] EU nations have jurisdiction over family law, and EU legislation on marriage, parental responsibility, and maintenance are only applicable in cross-border disputes. Also, Brexit affects a variety of cross-border family law concerns. When one parent lives in the EU and the other parent lives in the UK, several parts of custody and maintenance applications may be handled differently. The traditional foundation for recognising UK divorces has also altered, albeit the new criteria will still allow them to be recognised in Ireland.

[26] See, for e.g., Section 3:10 of Principles of European Family Law Regarding Parental Responsibilities, The Commission on European Family Law. http://ceflonline.net/wp-content/uploads/Principles-PR-English.pdf (last visited on 13 March 2022).

[27] for e.g., Artis, in her empirical research, found that in last few decades custody law has shifted from maternal preference to a more egalitarian standard of ’Best Interest of the Child’. However, her empirical survey with trial court judges of Indiana state in US found that judges who supported tender age doctrine awarded custody to mother for children who were infants or small. Even judges who oppose the tender years doctrine, however, awarded an overwhelming majority of young children to mothers, although their decisions changed in response to the child’s age. (Artis, 2004)

[30] Gohar Begum v. Suggi alias Nazma Begum, AIR 1960 SC 93.

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[5] Hannah Gould, unicef USA, WHAT FUELS HUMAN TRAFFICKING? (January 13, 2017) What Fuels Human Trafficking? | UNICEF USA

[7] Ambagtsheer, F. Understanding the challenges to investigating and prosecuting organ trafficking: a comparative analysis of two cases. Trends Organ Crim (2021). (03 June 2021). Understanding the challenges to investigating and prosecuting organ trafficking: a comparative analysis of two cases | Trends in Organized Crime (springer.com)

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[13] National Legal Services Authority v. Union of India (2014) 5 SCC 438

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[16] K Puttaswamy v. Union of India 7 (2017) 10 SCC 1.

[18] Shaikh, A. (2020) ‘Analysis of the unnatural law, morality and sexual equality in contemporary India: Section 377 of indian penal code’, SSRN Electronic Journal [Preprint]. doi:10.2139/ssrn.3563205.

[21] Transgender Persons (Protection of Rights) Act, § 3, No. 40, Act of Parliament (2019)

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[24] Special Marriage act, § 4, No. 43, Act of Parliament (1954)

[25] Dissolution of Muslim Marriages Act, § 2, No. 8, Act of Parliament (1939)

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[32] e Lt. Col. Nitisha v. Union of India, 2021 SCC OnLine SC 261

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Clinical Applications, pp 11-12, SAGE Publications, Inc (1994)

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[40] National Legal Services Authority v. Union of India (2014) 5 SCC 438

[41] Transgender Persons (Protection of Rights) Act, § 7, No. 40, Act of Parliament (2019)

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[43] v Transgender Persons (Protection of Rights) Act, § 18, No. 40, Act of Parliament (2019)

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[19] B R Beotra (edited by R N Saxena), ?The Mental Health Act, 1987’, Butterworths India, New Delhi, 2nd Edition, 2000.

[20] Burns. J.K., ?Mental Health and Inequity: A Human Rights Approach to Inequality, Discrimination, and Mental Disability. Health and Human Rights‘, 2009.

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[25] Samuel. J. Brakel and Ronald.S. Rock, ‘The Mentally Disabled and the Law’ Revised Edition, Book No. – 0-226-07090-5, the University of Chicago Press Ltd, London.

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[32] Francis Coralie Mullin v The Administrator, Union Territory of Delhi1, AIR746, 1981 SCR (2) 516

[33] Punjab and Others v Mohinder Singh Randhawa And Others,AIR 1992 SC 473, 1993 ,SCC 49

[34] Mahendra Pratap Singh v. State of Orissa, AIR 1997 Ori 37

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)

THEORIZING CUSTODY JURISPRUDENCE AND THE BEST INTEREST PRINCIPLE IN SOUTH ASIAN COUNTRIES BY - SYED MUJTABA ATHAR

REGULATION OF ADVANCED DIGITAL FOOD SERVICE TECHNOLOGIES IN INDIA BY - VIPASHA CHIRMULAY & DR LS CHIRMULAY

CARBON FOOTPRINTS OF DIGITAL TECHNOLOGIES: ASSESSING ENVIRONMENTAL IMPLICATIONS & POLICIES BY - KESHAV GARG

SEPARATION OF POWER BY - POORVA CHAWLA

TRAFFICKING OF WOMEN AND CHILDREN IN INDIA: A SOCIOLEGAL PERSPECTIVE BY - TRUPTI AGARKAR

UNDER THE RAINBOW: NAVIGATING THE SOCIO-LEGAL LANDSCAPE OF LGBTQ+ COMMUNITY BY - ADITYA VERMA & MEHUL NARAYAN DUBEY

CONCEPT OF CONSENT IN MUSLIM MARRIAGE. BY - PRADICTA SHREY

MENTAL HEALTH ACT BY - R. DIVYA

RECOGNITION OF TAIWAN AS A STATE: A STUDY BY: SHASHWATA BIRADAR

CRITICAL ANALYSIS ON THE INTRODUCTION AND EFFECTS OF HINDU CODE BILL IN INDIA BY - SARTHAK BOBADE

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