THE CONSTITUTIONAL VALIDITY OF THE SECOND EXCEPTION TO RAPE. BY - IPSHA SHRIVASTAVA

Authors : IPSHA SHRIVASTAVA

Registration ID : 105916 Published Paper ID: IJLRA5916

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

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Email Id : ipshashrivastava@gmail.com

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ARTIFICIAL INTELLIGENCE AND CYBER LAWS IN INDIA: DISCOVERING WAYS TO IMPLEMENT REGULATION By - Shubham Kumar Dass

Authors : Shubham Kumar Dass

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Email Id : dasshubham316@gmail.com

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

Authors : INSIA ARORA

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AI MAINTAINING HUMANKIND By - Sara Singh & Dr. Reshma Umair

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Email Id : 27121singh@gmail.com27121singh@gmail.com & rumair@lko.amity.edu

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LEGAL RIGHTS AND STATUS OF WOMEN IN THE INDIAN CONSTITUTION By - Srijan Kar

Authors: Srijan Kar

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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

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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

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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

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MENTAL HEALTH IN THE WORKPLACE: FOSTERING EMPLOYEE WELL-BEING FOR ORGANIZATIONAL SUCCESS By - Srishti Balam

Authors: Srishti Balam

Registration ID: 105905 Published Paper ID: IJLRA5905

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

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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

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Email Id: lekshmy90@gmail.com

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[3] Protection of Children from Sexual Offences Act, 2012, §6.

[4] Chaudhary vs. State of Bihar( 1974) AIR 1822.

[6]Nimesh Bhai Bharatbhai Desai v. State of Gujarat( 2018) SCC OnLine Guj 732, 104 64 .

[7] SC's Observations 'Welcome' But Marital Rape Still Not Illegal In India, Here Are Countries Where It Is, Outlook, Sept 30, 2022.

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[56] Draft Personal Data Protection Bill, supra note 52, cl. 15–23 and 35–36.

[57] Draft Personal Data Protection Bill, supra note cl. 65, 69–73.

[59] General Data Protection Regulation, art. 5, 2018.

[60] General Data Protection Regulation. art. 40, cl.3, 2018

[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].

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[2] Assistant Professor at Amity Law School, Lucknow.

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⁵https://ivypanda.com/essays/artificial-intelligence-managing-human-life/

[1]Report No. 37820, Crime, Violence, and Development: Trends,

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[4] SANDRA DAY O'CONNOR, The Legal Status of Women: The Journey toward Equality, available at

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[5] See Table 5(A) Crime Head-wise Cases Registered under Crime against Women during 2011 - 2015 and

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[6] All India Democratic Women’s Association. Gender-Just Laws

[8] BELINDA GOLDSMITH & MEKA BERESFORD, Exclusive: India Most Dangerous Country for Women with Sexual

[14] GAUTAM BHATIA, Equal Pay for Equal Work: Statute and Constitution, available at

[16] Women Empowerment Schemes, available at https://wcd.nic.in/schemes-listing/2405.

[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.

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

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[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.

[1] Author: Lakshmy S, Assistant Professor, Co-operative School of Law, Kerala

[2] Dinah Shelton, HUMAN RIGHTS, HEALTH AND ENVIRONMENTAL PROTECTION:

LINKAGES IN LAW AND PRACTICE, A Background Paper for the WHO

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[16] Dr.S.K Kapoor, Human Rights under International law and Indian law, pg 163, Central law agency, 4^th edition, 2009

[18] Dinesh Rao, Human Rights and Environment, http://www.legalserviceindia.com/legal/article-929-human-rights-and-environment.html

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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)

THE CONSTITUTIONAL VALIDITY OF THE SECOND EXCEPTION TO RAPE. BY - IPSHA SHRIVASTAVA

ARTIFICIAL INTELLIGENCE AND CYBER LAWS IN INDIA: DISCOVERING WAYS TO IMPLEMENT REGULATION By - Shubham Kumar Dass

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

AI MAINTAINING HUMANKIND By - Sara Singh & Dr. Reshma Umair

LEGAL RIGHTS AND STATUS OF WOMEN IN THE INDIAN CONSTITUTION By - Srijan Kar

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

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

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

MENTAL HEALTH IN THE WORKPLACE: FOSTERING EMPLOYEE WELL-BEING FOR ORGANIZATIONAL SUCCESS By - Srishti Balam

HUMAN RIGHTS AND ENVIRONMENT: THE ENTWINED By - Lakshmy S

LAW JOURNAL

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THE CONSTITUTIONAL VALIDITY OF THE SECOND EXCEPTION TO RAPE. BY - IPSHA SHRIVASTAVA

ARTIFICIAL INTELLIGENCE AND CYBER LAWS IN INDIA: DISCOVERING WAYS TO IMPLEMENT REGULATION By - Shubham Kumar Dass

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

AI MAINTAINING HUMANKIND By - Sara Singh & Dr. Reshma Umair

LEGAL RIGHTS AND STATUS OF WOMEN IN THE INDIAN CONSTITUTION By - Srijan Kar

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

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

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

MENTAL HEALTH IN THE WORKPLACE: FOSTERING EMPLOYEE WELL-BEING FOR ORGANIZATIONAL SUCCESS By - Srishti Balam

HUMAN RIGHTS AND ENVIRONMENT: THE ENTWINED By - Lakshmy S

Citation

[1] Independent Thought vs. Union of India (2017) 10 SCC 800.

[7] SC's Observations 'Welcome' But Marital Rape Still Not Illegal In India, Here Are Countries Where It Is, Outlook, Sept 30, 2022.

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