INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

DIRECTOR – THE UNRECOGNISED AUTHOR: A CRITICAL ANALYSIS OF THE NEED FOR REDEFINING THE AUTHORSHIP OF FILM IN INDIA BY - MUTHUMANI SOMASUNDARAN

Authors : MUTHUMANI SOMASUNDARAN

Registration ID : 106775 Published Paper ID: IJLRA6775

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

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

Email Id : muthumanicopyright@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/02.2024-31531693/DIRECTOR – THE UNRECOGNISED AUTHOR: A CRITICAL A

FROM R. RAJAGOPALAN CASE TO ANIL KAPOOR VERDICT: EVOLUTION OF PROTECTION OF CELEBRITY RIGHTS IN INDIA BY - PALLAVI TIWARI

Authors : PALLAVI TIWARI

Registration ID : 106774 Published Paper ID: IJLRA6774

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

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

Email Id : pallavitiwari75@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/02.2024-82779683/FROM R. RAJAGOPALAN CASE TO ANIL KAPOOR VERDICT: E

IMPACT OF DISTANCE LEARNING THROUGH CYBERSPACE BY - MS. SHREYA SAHU & MS. SHIVANGI SINHA

Authors : MS. SHREYA SAHU & MS. SHIVANGI SINHA

Registration ID : 106772 Published Paper ID: IJLRA6772 & IJLRA6773

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

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

Email Id : satwikjain09@gmail.com

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THE ROBO LAWYER BY - ARZOO PANDIT

Authors : ARZOO PANDIT

Registration ID : 106771 Published Paper ID: IJLRA6771

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

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

Email Id : arzoopandit1996@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/02.2024-55122224/THE ROBO LAWYER

CYBER ATTACKS AND IT’S COUNTERMEASURES BY - MITALI VASISHTHA & SHIVANGI SINHA

Authors : MITALI VASISHTHA & SHIVANGI SINHA

Registration ID : 106769 Published Paper ID: IJLRA6769 & IJLRA6770

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

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

Email Id : mitalivasishtha1802@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/02.2024-74979593/CYBER ATTACKS AND IT’S COUNTERMEASURES

CYBER FORENSICS AND LAW ENFORCEMENT AND CHALLENGES BY – AKASH JADHAV & MS SHIVANGI SINHA

Authors : AKASH JADHAV & MS SHIVANGI SINHA

Registration ID : 106767 Published Paper ID: IJLRA6767 & IJLRA6768

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

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

Email Id : akashjadhav74613@gmail.com

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REGULATION OF CYBER FRAUDS IN THE ARENA OF E COMMERCE LAW BY - ADV. RASHMI. A

Authors : ADV. RASHMI. A

Registration ID : 106766 Published Paper ID: IJLRA6766

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

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

Email Id : rashmipeslaw@gmail.com

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CYBERSQUATTING: HOW IT FOUL PLAYS THE SOCIETY BY - KANIKA CHANDAK & PROF. SHIVANGI SINHA

Authors : KANIKA CHANDAK & PROF. SHIVANGI SINHA

Registration ID : 106764 Published Paper ID: IJLRA6764 & IJLRA6765

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

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

Email Id : kanikachandak16@gmail.com &

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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

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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

Page No : 11 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/02.2024-67681218/REGULATION OF ADVANCED DIGITAL FOOD SERVICE TECHNO

International journal for legal research and analysis

Abbreviation:IJLRA

ISSN:2582-6433

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

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

[1] Written and submitted by Muthumani Somasundaran, Research Scholar at Inter University Centre for IPR studies, CUSAT [ Ph. 9995407645, email: muthumanicopyright@gmail.com]

[2] Bill No. XXIV of 2010 introduced in Rajya Sabha, India

[3] The Copyright (Amendment) Bill, 2010,

2. In section 2 of the Copyright Act, 1957 (hereinafter referred to as the principal Act),—

(i) in clause (d),—

(a) in sub-clause (v), for the words “cinematograph film or sound recording, the producer; and”, the words “cinematograph film, the producer and the principal director;” shall be substituted

[4] The Copyright (Amendment ) Bill, 2010

S.2(z)“Explanation.—For the purposes of this clause, a cinematograph film shall be deemed as a work of joint authorship except in cases where the producer and the principal director is the same person;”.

[5] C Paul Sellors, Collective Authorship in Film, 65 J.A.A.C. 263, 265 (2007).

[6] Steven Ascher and Edward Pincus, The Filmmaker’s Handbook: A Comprehensive Guide for the Digital Age, Penguin, USA (4th edn., 2012)

[7] Going by the Hegelian Personhood theory a work is an extension of the personality of its creator.

[8]“Remembering Satyajit Ray”, Indian Express, May 2, 2016, available at Indianexpress.com/article/trending/trending-in-india/satyajit-ray-quotes( accessed on 4/10/2021)

[9] World renowned French Film Director and Film critic (13 July 1923 – 19 May 2016).

[10] AlexandreAstruc, “The Birth of a New Avant-Garde: La CaméraStylo”, originally printed in 'L'Écran française' 30 March 1948 as "Du Stylo à la caméra et de la caméra au stylo", (Apr, 4 2020), http://www.newwavefilm.com

[11] WIPO “Understanding copyrights and related Rights” pp 6-7

[12] Ryan Vacca, Work Made for Hire - Analyzing the Multifactor Balancing Test, 42 Fla. St. U. L. Rev. 197 (2014)

[13] Community for Non-Violence v. Reid, 490 U.S. 730 (1989)

[14] An exception to this practice was the French, they recognised the distinctive role of the creator and recognised the rights of the directors and writers.

[15] In UK, by way of amendment of S.9 of The Copyright, Designs and Patent’s Act, 1988. Other European nations, like the France and Germany were recognising the directors as author of the film as an when their current copyright statutes came into force.

[16] Directors Guild of America, SUMMARY OF DIRECTORS’ CREATIVE RIGHTS UNDER THE DIRECTORS GUILD OF AMERICA BASIC AGREEMENT OF 2020 – https://www.dga.org/Contracts.aspx .This Agreement Acts As The Minimum Basic Agreement For Protecting The Interests Of The Directors. This Agreement Practically Covers Both Economic And Moral Rights.

[18] S.13- Copyright in Cinematograph Films, The Copyright Act 1956, (4 & 5 ELIZ. 2 CH. 74) (United Kingdom).

[19] S.2(d)(v), The Copyright Act of 1957 (Act No.14 of 1957).

[20] S.2(uu), The Copyright Act of 1957 (Act No.14 of 1957).

[21] ‘Maker’ of a film is the ‘Producer’ of the film, means the person by whom the arrangements necessary for the making of the film.

[22] ‘Creator’ of a film is the ‘Director’ of the film, means the person whose intellectual contribution and creativity is being transferred to create a film.

[23] C.S. No. 93 Of 2012, Madras High Court, decided on Sep., 09 2016, full text access from https://indiankanoon.org/doc/45684202/

[24] “The Copyright Amendment Bill 2009”, Press Information Bureau of the Indian Government, in 2009, available at http://pib.nic.in/release/release.asp?relid=56444&kwd

[25] In US the director is recognised through Contractual Arrangements, in UK through S.9 of Copyright Designs Patents Act 1988 S. 9: Authorship of work

(1) In this Part "author", in relation to a work, means the person who creates it.

(2) That person shall be taken to be –

(ab) in the case of a film, the producer and the principal director;

[26] The Full text of the Copyright (Amendment) Bill of 2010 accessed from https://prsindia.org/billtrack/the-copyright-amendment-bill-2010 on 30 December 2019

[27] Bill No. XXIV of 2010 introduced in Rajya Sabha, India

[28] S.2 (d)(v) of the Indian Copyright Act of 1957

[30]The Copyright (Amendment) Bill, 2010,

2. In section 2 of the Copyright Act, 1957 (hereinafter referred to as the principal Act),—

(i) in clause (d),—

[31] The Copyright (Amendment ) Bill, 2010

[32] The Film & Television Producers Guild Of India Ltd. is a Public incorporated on 26 February 1954. It is classified as Non-govt company and is registered at Registrar of Companies. It is inolved in Motion picture, radio, television and other entertainment activities.

[33] The Indian Motion Picture Producers’ Association was formed in the year 1937. It is popularly known as IMPPA. It is the first and the only internationally recognized oldest association of the Indian Film production sector.

[34] The South Indian Film Chamber of Commerce represents the conglomeration of the Kerala, Tamil Nadu, Andhra Pradesh and Karnataka Film Chambers of Commerce.

[35] 227^th Report On The Copyright (Amendment) Bill, 2010 By The Department-Related Parliamentary Standing Committee On Human Resource Development, (2010), (Presented To The Rajya Sabha On 23rd November, 2010) (Laid On The Table Of Lok Sabha On 23rd November, 2010), Rajya Sabha Secretariat, New Delhi, full copy of the report available At http://www.prsindia.org , P.114

[36] The Parliamentary Standing Committee called for representation from public (this included memoranda as well as oral evidence from stake holders) before finalising the provisions of 2010 bill. 68 memoranda were received from the stakeholders. The Committee interacted with a number of organizations/associations from the film, music and publishing industry, Authors’ organizations, lyricists/music composers, Artists organizations, Copyright Board and other organizations and departments , especially that of the Secretary, Department of Higher Education who was entrusted to study the Bill in detail. On 26 May, 2010

[37] EC-directive 92/100/EC (Renting and lending); EC- Directive 93/83/EEC (Satellite and Cable Transmission), EC- Directive. 93/98/EEC (Harmonizing the Term of Copyright and Certain Related Rights)

[38] Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden

[39] The Copyright , Designs and Patent’s Act, 1988- S. 9: Authorship of work

(1) In this Part "author", in relation to a work, means the person who creates it.

(2) That person shall be taken to be –

(ab) in the case of a film, the producer and the principal director;

[41] Nanak Shah Fakir (2016)- Nargis Dutt Award for Best Feature Film on National Integration-2016

[43] S.10(1A), The Copyright, Designs and Patents Act, 1988 (CH. 48) (United Kingdom).

[44] S.9, The Copyright, Designs and Patents Act, 1988 (CH. 48) (United Kingdom).

[45] S.9(2)(ab), The Copyright, Designs and Patents Act, 1988 (CH. 48) (United Kingdom).

[46] S.2(c)(iii), The Copyright Act, 1957 (Act 14 of 1957).

[47] The Court is quoting from a book on Bergman, namely 'Ingmar Bergman: A Reference Guide' by Birgitta Steene, published by Amsterdam University Press, in 2005 and substantiate that the work of Director is equivalent to that of a craftsman.

[48] Director’s Authorship Under Indian Copyright Law: An (Un) Indian Approach? ,Lokesh Vyas And Akshat Agarwal, Journal Of Intellectual Property Studies, Volume Iv Issue I

[49] Jane C. Ginsburg, The Concept of Authorship in Comparative Copyright Law, 52 DEPAUL L. REV. 1063

(2003).

[50] Eileen Morley & Andrew Silver, A Film Director’s Approach to Managing Creativity, 55 Harvard Business review (1977).

[51] Justice Huges, Philiosophy of Intellectual Property, Georgetown Law Journel (1988)

[52] Kanu Priya, Intellectual Property and Hegelian Justification, 1 NUJS L. REV. 359, 361 (2008).

[53] Anand Nair , Royalties And Rights Sharing In Film Industry In India Post Copyright Amendment Act 2012 – Impact On Contractual Freedom: A Comparative Study With The Us And The Uk Copyright Regimes - WIPO Academy, University of Turin and ITC-ILO - Master of Laws in IP - Research Papers Collection - 2012-2013

[54] Pascal Kamina, “Film Copyright in the European Union”, Cambridge University Press, 2002 (incomplete)

[55] Swapnil Narendra, “Turnover of Indian Film Indusrty”, www.filmmakersfans.com, Feb, 2017, available at http://filmmakersfans.com/research-annual-turnover-indian-film-industry/

[56]S.18. Assignment of copyright, the Indian Copyright Act of 1957

[57] Selvalakshmi M, India Hema Verma, Neeta Jain –‘Emergence of Indian Film Industry in the International Markets: Facilitators and Impeders ‘-International Journal of Asian Business and Information Management, Volume 11, Issue 3, July-September 2020

[58] Selvalakshmi M, India Hema Verma, Neeta Jain –‘Emergence of Indian Film Industry in the International Markets: Facilitators and Impeders ‘-International Journal of Asian Business and Information Management, Volume 11, Issue 3, July-September 2020

[59] Anand Nair Royalties And Rights Sharing In Film Industry In India Post Copyright Amendment Act 2012 – Impact On Contractual Freedom: A Comparative Study With The Us And The Uk Copyright Regimes p.1

[60] “Films and authorship” in the film studies reader Hollows K Hutching P Jancovch M Arnodld Publishers pp 45 81, as read in Authorship in Cinema: Author and Reader , Basal Goskel Demiray, Cinej Cinema Journal , Vol. 4.1 (2014), ISSN 2158 -8724

[3] According to Article 21 of the Constitution of India: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”

[4] Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors., AIR 2017 SC 4161.

[5] “Alia Bhatt invasion of privacy: Karan Johar, Anushka Sharma say such behaviour is 'disgusting”, https://www.cnbctv18.com/entertainment/alia-bhatt-photo-invasion-of-privacy-controversy-karan-johar-anushka-sharma-paparazzi-16000921.htm.

[6] “Intellectual Property and Hegelian Justification”, NUJS LAW REVIEW 1 NUJS L. Rev. (2008), 359-366.

[7] “Property Rights, Lockean” https://www.csus.edu/faculty/s/kyle.swan/docs/lockean%20property%20rights-revised.pdf.

[8] R. Rajagopal & Ors. vs. State of Tamil Nadu & Ors., AIR 1995 SC 264.

[9] R. Rajagopal & Ors. vs. State of Tamil Nadu & Ors., AIR 1995 SC 264.

[10] Article 19(1)(a), The Constitution of India, “Freedom of Speech and Expression” and Article 19(2) The Constitution of India “Exceptions”

[11] Phoolan Devi vs State Of M.P. & Ors., AIRONLINE 1996 SC 1038.

[12] Ritesh Kumar, “PV Sindhu and interplay of moment marketing, and IP rights”, https://www.theippress.com/2021/08/24/pv-sindhu-and-interplay-of-moment-marketing-and-ip/.

[13] Krishna Kishore Singh v. Sarla A Saraogi, 2023 SCC OnLine Del 3997, decided on 11-7-2023.

[14] Makkal Tholai Thodarpu Kuzhumam Ltd. v. Mrs. V. Muthulakshmi, (2007) 6 MLJ 1152.

[15] https://www.ipthink-tank.com/post/the-kuchipudi-style-and-copyright-a-new-friendship.

^{^[16]}D.M. Entertainment Pvt. Ltd. v. Baby Gift House and Ors., MANU/DE/2043/2010.

[17] Titan Industries v. Ramkumar Jewellers, 2012 (50) PTC 486 (Del).

[18] Mr. Shivaji Rao Gaikwad v. M/s. Varsha Productions, 2015 SCC OnLine Mad 158

[19] Mr. Gautam Gambhir vs D.A.P & Co. & Anr. on 13 December, 2017.

[20] Sourav Ganguly v. Tata Tea Ltd.(Calcutta High Court CS.No 361 of 1997).

[21] https://spicyip.com/2009/12/publicity-rights-sourav-ganguly-vs-tata.html

[22] Arun Jaitley v. Network Solutions Pvt Ltd and others, cs (os) 1745/2009.

[23] Anil Kapoor v. Simply Life India & Ors on 20 September, 2023.

[24] Amitabh Bachchan v. Rajat Negi and Ors., CS(COMM) 819/2022.

[25] Titan Industries v. Ramkumar Jewellers, 2012 (50) PTC 486 (Del).

[26] Digital Collectibles Pte Ltd And Ors v. Galactus Funware Technology Private Limited and Anr., CS(COMM) 108/2023.

[1] *Ms. Shreya Sahu, Student, BB.A LL.B- 3^rd Year, Bharati Vidyapeeth(Deemed to be University), New Law College, Pune

** Ms. Shivangi Sinha, Assistant Professor, Bharati Vidyapeeth(Deemed to be University), New Law College, Pune

[2] Agarwal, H., and Pandey, G. N. 2013. The Impact of E-Learning in Education. International Journal of Science and Research (IJSR), 2 (12), 146- 148. ISSN: 2319 – 7064.

[3] Ambika Selvaraj , Radhin Vishnu , Nithin KA , Noel Benson , Arun Jo Mathew, Effect of pandemic based online education on teaching and learning system, International Journal of Educational Development, Volume 85, September 2021, 102444

[4] TechSmith, https://www.techsmith.com/blog/distancelearning/#:~:text=Fixed%2Dtime%20online%20courses,- What's%20the%20most&text=Students%20log%20in%20to%20the,online%20courses%20encourage%20stude nt%20interaction. (last visited on 31st January,2024)

[5] International University of Applied Sciences, https://www.iu.org/en-in/blog/studying-online/advantages-and- disadvantages-of-online-classes/ (last visited on 31st January,2024)

[6] Raja Irfan Sabir, Naeem Akhtar, Waseem Bahadur, Muhammad Shoaib Sajjad and Abbas, Impact of Distance Education on Student Performance: A Case of Allama Iqbal Open University, Middle-East Journal of Scientific Research 21 (3): 472-476, 2014 ISSN 1990-9233 © IDOSI Publications, 2014

[7] Nina A. Sokolova (a)*, Alexander A. Pylkin (b), Olga A. Stroganova (c), Karina G. Antonian, THE PROS AND CONS OF DISTANCE LEARNING, eISSN: 2357-1330 , 18th PCSF 2018 Professional Culture of the Specialist of the Future.

[8] Janet Owens, Lesley Hardcastle and Ben Richardson, Learning From a Distance: The Experience of Remote Students, JOURNAL OF DISTANCE EDUCATION REVUE DE L’ÉDUCATION À DISTANCE 2009 VOL. 23, No. 3, 53-74

^{^[1]}Tietsort, J.R. (2023a) 17 most common types of cyber attacks & examples (2024), RSS. Available at: https://www.aura.com/learn/types-of-cyber-attacks (Accessed: 17 January 2024).

[2] 4 things you can do to keep yourself cyber safe: CISA (2024) Cybersecurity and Infrastructure Security Agency CISA. Available at: https://www.cisa.gov/news-events/news/4-things-you-can-do-keep-yourself-cyber-safe (Accessed: 17 January 2024).

[1] Information Technology act 2000 and IT Amendment Act ,2008

[2] http://www.dnaindia.com/scitech/report-indias-information-technology-act-has-not-been-effective-in-

checking-cyber-crime-expert-1818328 [2] T. Vikram, “Cyber Crimes- A Study with a Case”, July-September 2002, Indian Police Journal 78.

[3] Understanding cybercrime in ‘real world’ policing and law enforcement Joanna Curtis and Gavin , Volume 96, Issue 4 https://doi.org/10.1177/0032258X221107584

[4] The Increasing Importance of Digital Forensics and Investigations in Law Enforcement, Government and Commercial Sectors | University College Dublin, Dublin, Ireland Nhien-An Le-Khac University of Texas at San Antonio, San Antonio, TX, USA ,Kim-Kwang Raymond Choo

[5] https://en.wikipedia.org/wiki/Bangladesh_Bank_robbery

[6] Trends in Ransomware Attacks on US Hospitals, Clinics, and Other Health Care Delivery Organizations, 2016- 2021 | 10.1001/jamahealthforum.2022.4873| Hannah T. Neprash, PhD, corresponding author 1 Claire C.

McGlave, MPH, 1 Dori A. Cross, PhD, 1 Beth A.

[7] THE ROLE AND BENEFITS OF DIGITAL FORENSICS FOR LAW ENFORCEMENT AND CORPORATIONS

The Role And Benefits Of Digital Forensics For Law Enforcement And Corporations |Kiem To| Cellebrite

[8] https://workflowautomation.net/blog/standard-operating-procedure-sop| meaning|

[9] "Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Fulfilling the Potential of this Landmark Treaty". Opinio Juris.

[1] Rao &Metts, Electronic Commerce Development in Small and Medium Sized Enterprises: A Stage Model and its Implications 9 (1) Business Process Management Journal 11-32 (2003).

[2] See Dearmon Valorie, Risk Management and Legal Issues (Jones and Bartlett Publisher, LLC) Available on http://www.jblearning.com/samples/0763757144/57144_CH15_470_493. pdf

[3] Eisingerich, Andreas B.; Kretschmer, Tobias, In E-Commerce, More is More, 86 Harvard Business Review 20–21 (March, 2008):.Available on http://hbr.org/2008/03/in-ecommerce-more-is-more/ar/1

[4] Ramakrishnan Et Al., E-commerce in India-Growth and Prospects, 2(3) Asia Pacific Journal of Research in Business Management 101-114 (2011).

[5] Ali.Z. Marossi, Globalization of Law and Electronic Commerce, 'Toward a Consistent International Regulatory Framework' (Delta Fredericton New Brunswick, Canada The Eighth International Conference on Electronic Commerce, August 14-16, 2006).

[6] The Electronic Commerce and Consumer Protection Group (“E-Commerce Group”), See http://www.ecommercegroup.org/guidelines.htm

[7] Delamaire, Linda & Abdou, Hussein & Pointon, John. (2009). Credit card fraud and detection techniques: A review. Banks and Bank Systems. 4.

[8] Ramesh, Sai & Ck, Yogesh. (2022). Google Play Malware Detection based on Search Rank Fraud Approach. KSII Transactions on Internet and Information Systems. 16. 3723-3737. 10.3837/tiis.2022.11.014.

[9] Dharmavaram, Vijaya Geeta. (2011). Online identity theft - An Indian perspective. Journal of Financial Crime. 18. 235-246. 10.1108/13590791111147451.

[10] Shaikh, Nihal & Chudasama, Dhaval. (2021). Research on Cyber Offenses under Information Technology Act, 2000. 8. 2021. 10.37591/RTPC.

[11] Krishna Prasad, Smitha, (Draft) Paper on Information Technology Act, 2000 and the Data Protection Rules (December 30, 2017). Available at SSRN: https://ssrn.com/abstract=3094792 or http://dx.doi.org/10.2139/ssrn.3094792

[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.

^{^[1]} Yoha, Moses, 3D Printing Approach to Valorization of Agri-Food Processing Waste Streams 12(1) Foods (2023), https://doi.org/10.3390/foods12010212 last seen 12/9/23

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