INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

IS INDIA FUELING MODERN SLAVERY? BY - NANDANA SUBHA VINUKUMAR & NANDANA VENUGOPAL

Authors : NANDANA SUBHA VINUKUMAR & NANDANA VENUGOPAL

Registration ID : 108169 | Published Paper ID: IJLRA8169 & IJLRA8170

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

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

Email Id : nandanasubhavinukumar@gmail.com & nandanavgopal@gmail.com

Page No : 22 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-43863744/IS INDIA FUELING MODERN SLAVERY?

A CRITICAL EXAMINATION ON CONSUMER PROTECTION IN ONLINE SHOPPING, DECEPTIVE ADVERTISING, AND LAWFUL PROTECTION BY - KAMALESWARY J P, MURUKESAN J P, RESHMA RENJITH & GAUTHAM A. B

Authors : KAMALESWARY J P, MURUKESAN J P, RESHMA RENJITH & GAUTHAM A. B

Registration ID : 108165 | Published Paper ID: IJLRA8165, IJLRA8166, IJLRA8167 & IJLRA8168

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

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

Email Id : chinnuprasanna1996@gmail.com, thecookbook304@gmail.com, seenaps866@gmail.com & malayalipwoliyada0@gmail.com

Page No : 11 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-39474227/A CRITICAL EXAMINATION ON CONSUMER PROTECTION IN O

“RIGHT TO BE FORGOTTEN- WORLD WIDE OVERVIEW WITH SPECIAL EMPHASIS ON INDIAN CONTEXT” BY - AISHWARY THAPLIYAL

Authors : AISHWARY THAPLIYAL

Registration ID : 108164 | Published Paper ID: IJLRA8164

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

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

Email Id : ashthap786@gmail.com

Page No : 16 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-49365428/RIGHT TO BE FORGOTTEN- WORLD WIDE OVERVIEW WITH SP

NEED OF CORPORATE GOVERNANCE IN STARTUPS: AN ANALYSIS BY - TANVI SHARMA & KRITIKA MALIK

Authors : TANVI SHARMA & KRITIKA MALIK

Registration ID : 108162 | Published Paper ID: IJLRA8162 & IJLRA8163

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

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

Email Id : sundriyaltanvi32@gmail.com & kritikamalik2802@gmail.com

Page No : 17 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-68336434/NEED OF CORPORATE GOVERNANCE IN STARTUPS: AN ANALY

LEGAL FRAMEWORK ON AIR POLLUTION (LAW & POLICY) AND ITS MITIGATING FACTORS BY - V. NIVETHA

Authors : V. NIVETHA

Registration ID : 108161 | Published Paper ID: IJLRA8161

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

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

Email Id : nivispecial@gmail.com

Page No : 18 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-73399685/LEGAL FRAMEWORK ON AIR POLLUTION (LAW & POLICY) AN

COMBATING THE MODERN PLAGUE: HUMAN TRAFFICKING BY - SUMIT KUMAR

Authors : SUMIT KUMAR

Registration ID : 108160 | Published Paper ID: IJLRA8160

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

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

Email Id : sumitkumarr9695@gmail.com

Page No : 14 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-37168239/COMBATING THE MODERN PLAGUE: HUMAN TRAFFICKING

ARTIFICIAL INTELLIGENCE IN LAW: TRANSFORMING LEGAL PRACTICE AND ETHICS BY - DR. RISHU DEV BANSAL

Authors : DR. RISHU DEV BANSAL

Registration ID : 108159 | Published Paper ID: IJLRA8159

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

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

Email Id : salonisharma2905@gmail.com

Page No : 11 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-88118288/ARTIFICIAL INTELLIGENCE IN LAW: TRANSFORMING LEGAL

RAPE AS A WEAPON OF WAR: A MULTI-PERSPECTIVE ANALYSIS BY - SHILPA KHANDELWAL

Authors : SHILPA KHANDELWAL

Registration ID : 108157 | Published Paper ID: IJLRA8157

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

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

Email Id : salonisharma2905@gmail.com

Page No : 16 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-24254657/RAPE AS A WEAPON OF WAR: A MULTI-PERSPECTIVE ANALY

WATCHING THE WATCHDOGS: IMPROVING REGULATION AND ACCOUNTABILITY OF NGOS BY - CHATRUGUN KHALDHANIA

Authors : CHATRUGUN KHALDHANIA

Registration ID : 108156 | Published Paper ID: IJLRA8156

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

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

Email Id : salonisharma2905@gmail.com

Page No : 18 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-82776668/WATCHING THE WATCHDOGS: IMPROVING REGULATION AND A

DECODING THE UNIFORM CIVIL CODE: A CRITICAL ANALYSIS OF UTTARAKHANDS LANDMARK LEGISLATION BY - DR. MANOJ KUMAR SHARMA

Authors : DR. MANOJ KUMAR SHARMA

Registration ID : 108155 | Published Paper ID: IJLRA8155

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

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

Email Id : salonisharma2905@gmail.com

Page No : 14 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/07.2024-43988639/DECODING THE UNIFORM CIVIL CODE: A CRITICAL ANALYS

International journal for legal research and analysis

Abbreviation:IJLRA

ISSN:2582-6433

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

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[9] P.J. SIMMONA & CHANTAL DE JONGE OUDRAAT, MANAGING GLOBAL ISSUES: LESSONS LEARNED, p. 3, 12 (P.J. Simmons & Chantal de Jonge Oudraat eds., 2001).

[10] TANJA BRUHL, PROCEEDINGS OF THE 2001 BERLIN CONFERENCE ON THE HUMAN DIMENSIONS OF GLOBAL ENVIRONMENTAL CHANGE: GLOBAL ENVIRONMENTAL CHANGE AND THE NATION STATE, p. 371, 376-77 (Frank Biermann et al. eds., 2002).

[12] WILLIAM KOREY, NGOs AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: A CURIOUS GRAPEVINE (PALGRAVE, New York, 1998).

[13] MOTOKO MEKATA, THE THIRD FORCE: THE RISE OF TRANSNATIONAL CIVIL SOCIETY, p. 143 (Ann M. Florini ed., 2000).

[14] Peter Sutherland, The Doha Development Agenda: Political Challenges to the World Trading System- A Cosmopolitan Perspective, 8 J. INT'L ECON. L. 363, 374 (2005). (Discussing the WTO Secretariat's interest in creating a low-level partnership between the WTO and NGOs).

[15] SIMON ZADEK & MURDOCH GATWARD, BEYOND THE MAGIC BULLET: NGO PERFORMANCE AND ACCOUNTABILITY IN THE POST-COLD WAR WORLD, p. 169 (Michael Edwards & David Hulme eds., 1996).

[16] Ann Marie Clark, Non-Governmental Organizations and their Influence on International Society, 48 J. INT'L AFF. 507.

[17] Steve Charnovitz, Two Centuries of Participation: NGOs and International Governance, 18 MICH. J. INT'L L. 183.

[18] Steve Charnovitz, Two Centuries of Participation: NGOs and International Governance, 18 MICH. J. INT'L L. 183.

[19] Erik B. Bluemel, Overcoming NGO Accountability Concerns in International Governance, 31 Brook. J. Int'l L. 139.

[20] Jonathan P. Doh & Terrence R. Guay, Globalization and Corporate Social Responsibility: How Nongovernmental Organizations Influence Labor and Environmental Codes of Conduct”, (manuscript on file with Brooklyn Journal of International Law).

[21] Joanne K. Leweler, International Commercial Arbitration as a Model for Resolving Treaty Disputes, 21 N.Y.U. J. Int'l L. & Pol. 379 (1989).

[22] Convention on the Settlement of Investment Disputes between States and Nationals of Other States, (Oct. 14, 1996, 17 U.S.T. 1270, 575 U.N.T.S. 159).

[23] RUTH MAYNE, REGULATING INTERNATIONAL BUSINESS: BEYOND LIBERALIZATION, p. 235 (Sol Picciotto & Ruth Mayne eds., 1999).

[24] Paul Wapner, Politics Beyond the State: Environmental Activism and World Civic Politics, 47 World Pol. 311 (1995).

[25] Montreal Protocol on Substances that Deplete the Ozone Layer, Art. 11(5), Annex III, para. 1, Annex IV(10), Sept. 16, 1987, 1522 U.N.T.S. 3, 26 I.L.M. 1541, adjusted by London Amendments, June 29, 1990, 20 I.L.M. 537, Nairobi Amendments, June 21, 1991, and Copenhagen Amendments, Nov. 23-25, 1993, 32 I.L.M. 874.

[27] Problems of Governance in the NGO Sector: The Way Out, (Transparency International, Executive Summary), http://www.ti-bangladesh.org/research/ExecSum-NGO-English.pdf

[29] Qiusha Ma, The Governance of NGOs in China Since 1978: How Much Autonomy?, 31 Nonprofit & Voluntary Sector Q. 305 (2002).

[31] ‘No national law governs public charitable trusts in India, although many states (particularly Maharashtra, Gujarat, Rajasthan, and Madhya Pradesh) have Public Trusts Acts. In the absence of a Trusts Act in any particular state or territory the general principles of the Indian Trusts Act, 1882 are applied.’

[32] Societies Registration Act, Section 20 (1860).

[39] JEFFREY E. GARTEN, GLOBALIZATION WITHOUT TEARS – A NEW SOCIAL COMPACT FOR CEOs (Harvard Business School Press, 2002).

[41] NGO Regulation Net, Why is Regulation Important,

[42] ‘The opposite is true in, e.g., Switzerland. C. Civ., tit. II, ch. 2, art. 60(1). (“Associations which have a political, religious, scientific, artistic, charitable, social, or any other than an industrial object, acquire the status of a person as soon as they show by their constitution their intention to have a corporate existence.”) Mongolia is similar: “An NGO shall be considered established after the founders have issued a decision to establish the NGO and have approved the NGO’s by- laws.” Such an organization cannot exercise its rights as a legal entity, however, until it has completed the establishment process. The Law of the State of Mongolia on Non- Governmental Organizations, ch. 1, art. 6 (January 31, 1997). Under these laws a civic organization is established when a group of individuals completes required acts, such as the adoption of a constitution, without any involvement of the state.’

[43] The Law of the Kyrgyz Republic on Non-Commercial Organizations, Ch. 2, art. 18 (October 1, 1999). (“Founders of a public association shall convene a constituent meeting and adopt a decision on establishing a public association, approving its Charter, and forming governing and audit bodies.”)

[44] Kenya Societies Act, part IV, Section 17 (1998).

[45] ‘The system in Mongolia may serve as an example. After a completed application is filed, the establishing authority has 30 days within which to establish the civic organization or to refuse establishment. Refusal must be on one of two grounds: The purpose of the organization violates the Mongolian law or another organization with the same name is already established. If neither of these conditions is met, the authority must establish the organization. (Mongolian NGO Law, Art. 16(2))’.

[46] ‘The law of the Republic of Yemen provides (“In the event that the application is refused pursuant to this Law [the Ministry] should notify the founders of the decision to reject the application in writing, giving the reason thereof, and should post this in its bulletin board of the Ministry or the relevant office within ten days of the date of decision.”) Article 11 creates a 60- day appeal period from the day that the applicants are notified of the rejection.’

[47] ‘The European Parliament issued a resolution requesting that “all discriminatory measures based on nationality that affect the right to belong to, form or administer an association be rapidly abolished throughout the Community, in respect of citizens of Member States.” Eur. Parl. Doc. A2 196/86 (March 13, 1987). The European Court of Justice ruled against Belgium’s nationality restrictions for participation in civic organizations. Case C-172/98, Kingdom of Belgium v. Commission (June 29, 1999); On June 30, 2000, the existing legislation was amended to remove the requirements.’

[48] ‘The Estonian law provides that people acting on behalf of an association in the process of establishment are liable for the actions on behalf of the organization. When the organization is established, the obligations automatically transfer to the organization “if the persons who entered into the transaction had the right to enter into the transaction in the name of the association.” If the person did not have that right, then the obligations only transfer from the individual to the organization if all the members agree. The law does not specify what constitutes “having the right” to enter into a transaction on behalf of an organization. (The Non- Profit Association Acts of the Republic of Estonia, ch. 1, Section 11(2-3) (June 6, 1996, amended June 5, 2002).’

[49] ‘In Japan, special types of legal persons (e.g., “Public Interest Legal Persons” such as associations and foundations, social welfare corporations, educational corporations, religious corporations, and medical corporations) are all permitted to be established under different laws and by different ministries. The creation of the new “special nonprofit activities legal person” created in 1998 simply added another category and another responsible state agency (the Economic Planning Agency) to this already complex system. Thus, choice of form is a very important issue in Japan.’

[50] ‘Greece is one example. See the Greek Civil Code, C. Civ., ch. 4, § 79, § 81. Albania is another. See Law on the Registration of Non-profit Organizations, no. 8789, ch. 2, art. 5 (May 7, 2001).’

[51] ‘Some countries use the ministry of justice. See e.g., Law of Mongolia on Non-Governmental Organizations, ch. 3, art. 15 (January 31, 1997); In South Africa, Egypt, and Pakistan, the ministry of social welfare or its equivalent is the place where civic organizations are established. (Nonprofit Organisations Act of the Republic of South Africa, ch. 3, Section 11 (1997); Law on Private Associations and Establishments Law No. 84 of 2002 of Egypt, ch. 1, art. 3; Registration as a Non-Profit Company under Section 42 of the Companies Ordinance Act 1984 of Pakistan, Section 4.3.1).’

[52] ‘The Regulations on the Registration of Social Organizations of the Peoples’ Republic of China state that the registration may occur at the national level or at local branches of the Ministry of Civil Affairs.’

[53] ‘See, e.g., The Charity Commission in Moldova has nine members, with at least three members who represent the public sector and who are not employed by the state. Commission members have a five-year term, which permits a degree of professionalization that comes with time. (Law of the Republic of Moldova on Public Associations, No. 837-XIII, ch. 5, art. 34-37 (May 17, 1996).’

[54] Leon E. Irish, Robert Kushen, Karla W. Simon, Guidelines for Laws Affecting Civic Organisations, (Prepared by Open Society Institute in cooperation with the International Center for Not-for- Profit Law, New York, Second Edition).

[55] ‘South Africa has placed its registry on the Internet. The online registry lists each civic organization’s name and address, the registration number, the date registered, and any date that the organization was deregistered, wound up, or dissolved. The online registry fulfills the legal obligation of the director of nonprofit organizations to publish annually the registry and the names of all organizations removed from the registry in the previous year “in the Gazette and at least one other widely circulated means of communication.” (Nonprofit Organizations Act, no. 71, vol. 340, no. 18487, ch. 2, Section 24(7) (December 3, 1997). The Czech Republic and a number of other countries in Central and Eastern Europe have also placed their registries on the Internet.’

[56] ‘For example, the law of the Republic of Yemen requires that the government, prior to suing for dissolution, issue “the association or foundation three notices within six months to remedy the violation.” (The Law on Associations and Foundations of the Republic of Yemen, Law No. (1) for the Year 2001, ch. 4, Section I, art. 44 (2).’

[57] Law of the Republic of Indonesia, No. 16 of 2001, Concerning Foundations, ch. 2, art. 17 (2001).

[58] ‘The limits on fundraising regulation in the United States are largely a product of jurisprudence under the First Amendment to the Constitution, which protects freedom of speech.’

[59] unpan1.un.org/intradoc/groups/public/.../UNPAN016333.pdf

[60] ‘The United Nations Mission in Kosovo (UNMIK) decided not to require audited financial statements by civic organizations immediately after the transition precisely because of concerns over the availability of qualified, independent accountants. See UNMIK Administrative Direction No. 2002/9, Section 1 (March 29, 2002). This is not, however, a common situation, given the range of accounting skills taught in modern universities around the world.’

[61] ‘A civic organization that receives some tax benefits need not be offered all available tax benefits in the jurisdiction. It may be that some tax benefits are offered to a subset of PBOs, and further tax benefits are extended to a smaller subset. In the United States, a distinction is made between “charitable” organizations, to which tax deductible contributions can be made, and “social welfare” organizations, for which tax deduction is not available. (26 U.S.C. Section 501 (c)(3) & Section 501 (c)(4) (2000) Both types of organizations, however, are generally exempt from income taxes.’

[62] ‘Mongolia exempts MBOs from taxation on membership fees and members’ contributions. It exempts PBOs from taxation on membership fees, all contributions and inherited funds, and income from mission related economic activities.’

[64] ‘Under a tax designation scheme adopted in Hungary, however, an individual may direct that 1% of the taxes he or she pays go to an “eminent” PBO of his or her choice. (Act No. CXXVI on the Public Application of a Certain Portion of Personal Income Tax upon Taxpayer’s Order, Section 3(1) (1996) Lithuania, Slovakia, and Poland have adopted similar laws. Such tax designation schemes do not give a deduction or credit and do not require the individual to file a tax return, which means that all taxpayers are able to participate in supporting civic organizations.’

[65] ‘In Russia individuals can claim deductions only up to 1 percent of their income, and business entities are limited to 3 percent. In the United States, by contrast, individuals can claim up to 50 percent and businesses can claim up to 10 percent. In Australia, there is no limit at all.’

[66] Industry Commission, Charitable Organizations in Australia 311-312 & App. J (1995).

[3] Mohd. Ahmed Khan Vs. Shah Bano Begum and Ors. AIR 1985 SC 945, MANU/SC/0194/1985

[5] Sarla Mudgal and Ors. vs. Union of India (UOI) and Ors AIR 1995 SC 1531, MANU/SC/0290/1995

[6] John Vallamattom and Ors. Vs. Union of India AIR 2003 SC 2902, MANU/SC/0480/2003

[7] Jose Paulo Coutinho Vs. Maria Luiza Valentina Pereira and Ors 2019 20 SCC 85, MANU/SC/1257/2019

[8] Law Commission of India, Reform of Family Law, 31 August 2018

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