INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

ELECTORAL RIGHTS OF WOMEN IN INDIAN DEMOCRACY BY - GURLEEN KAUR

Authors: GURLEEN KAUR

Registration ID: 101962 Published Paper ID: IJLRA1962

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: gurleenkaur.law@gmail.com

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PLEA BARGAINING– A CATALYST OR CATASTROPHE IN THE CRIMINAL JUSTICE SYSTEM? BY - HRISHI KAPADIA

Authors: HRISHI KAPADIA

Registration ID: 101961 Published Paper ID: IJLRA1961

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: hrishi.r.kapadia@gmail.com

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JUDICIAL INTERPRETATION OVER THE REJECTION OF PATENT APPLICATION WITH REFERENCE TO NOVARTIS AG v. UOI & Others BY - MS. G. BOWSHI LATHA & MS. RAMYA R

Authors: MS. G. BOWSHI LATHA & MS. RAMYA R

Registration ID: 101959 Published Paper ID: IJLRA1959 & IJLRA1960

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: bowshi.latha@cmr.edu.in & bowshi1998@gmail.com

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CONSUMER AND DATA BREACH IN DAY TODAY LIFE OF CONSUMER BY - SANDHIYA KRISHNAN.S & KARUNAMBIGAI.S

Authors: SANDHIYA KRISHNAN.S & KARUNAMBIGAI.S

Registration ID: 101957 Published Paper ID: IJLRA1957 & IJLRA1958

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: sandhiyakrishnan212002@gmail.com

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LEGAL IMPLICATIONS OF STATUTORY RAPE IN INDIA: A CLOSER LOOK AT THE AGE OF CONSENT BY - TARUNA NAYYAR

Authors: TARUNA NAYYAR

Registration ID: 101956 Published Paper ID: IJLRA1956

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: tarunanayyar1994@gmail.com

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CRIMINALISATION OF MARITAL RAPE IN INDIA BY: BY: DEEP NARAYAN YADAV, KARAN DORBI & AAYUSHI SINGH

Authors: AUTHORED BY: DEEP NARAYAN YADAV, KARAN DORBI & AAYUSHI SINGH

Registration ID: 101953 Published Paper ID: IJLRA1953, IJLRA1954 & IJLRA1955

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: pampysingh99@gmail.com, dnyadav95@icloud.com & advkaran2022@gmail.com

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ADDRESSING OCCUPATIONAL HEALTH AND SAFETY CHALLENGES FOR SANITATION WORKERS IN INDIA: ANALYSIS OF THE LEGAL FRAMEWORK AND THE ROLE OF THE SAFAI KARMACHARI ANDOLAN. BY - CHANDAN KUMAR

Authors: CHANDAN KUMAR

Registration ID: 101952 Published Paper ID: IJLRA1952

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: CHANDAN KUMAR

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REPRODUCTIVE RIGHTS IN INDIA By - Reshel Bretny Fernandes

Authors: Reshel Bretny Fernandes

Registration ID: 101951 Published Paper ID: IJLRA1951

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: reshelfernandes35@gmail.com

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A CRITICAL ANALYSIS ON THE LEGACY AND LEGITMACY OF ICTY THROUGH THE LENS OF TADIC CASE BY: RAKSHANDHA DARAK

Authors: RAKSHANDHA DARAK

Registration ID: 101950 Published Paper ID: IJLRA1950

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: rakshadarak00001@gmail.com

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CORPORATE SOCIAL RESPONSIBILITY AND EDUCATION SECTOR-A CRITICAL STUDY BY: KK. NAKSHATHRA

Authors: KK. NAKSHATHRA

Registration ID: 101949 Published Paper ID: IJLRA1949

Year : April -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: kknakshathra@yahoo.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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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)

[2] Article 21. Universal Declaration of Human Rights. Retrieved April 5, 2023, from https://www.un.org/en/about-us/universal-declaration-of-human-rights

[3] Gleason, Suzanne. (2001).Female Political Participation and Health in India. The Annals of the American Academy of the Political and Social Science, 573, 105-125.

[4] Hussain, Faqir. (1999). Women’s Representation in the Elective Bodies. Journal of Law and Society, 35-53.

[5] Rama Chary, Maroju. (2012). Women and Political Participation in India: A Historical Perspective. The Indian Journal of Political Science, 73(1), 119-132.

[6] Rai, Praveen. (2011). Electoral Participation of Women in India, Key Determinants and Barriers. Economic and Political Weekly, 46(3), 47-55.

[7] Pai, Sudha. (2013) From Dynasty to Legitimacy: Women Leaders in Indian Politics. India International Centre Quarterly, 39 (3 / 4) 107-121.

[8] Profile of the President. Retrieved March, 2, 2023 from https://presidentofindia.nic.in/profile.htm.

[10] Krook Mona Lena. (2019) Global Feminist Collaborations and the Concept of Violence against Women in Politics. Journal of International Affairs, 72 (2), 77-94.

[1] 3^rd Year Student at MIT WPU School of Law, Pune

[2] “Jon'a F. Meyer "plea bargaining", (Encyclopaedia Britannica, 5 June 2022), https://www.britannica.com/topic/plea-bargaining, accessed 18 April 2023.”

[3] “National Judicial Data Grid – Pending Dashboard – Criminal, https://njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard, accessed 19 April 2023”

[5] “National Judicial Data Grid – Pending Dashboard – Criminal, https://njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard, accessed 19 April 2023”

[8] “Brady v. United States, 397 U.§ 742 (1970)”

[9] “Santo Bello v. New York, 404 U.§ 257 (1971)”

[10] “Britannica, The Editors of Encyclopaedia. "James Earl Ray". (Encyclopaedia Britannica, 6 March 2023), https://www.britannica.com/biography/James-Earl-Ray, accessed 18 April 2023.”

[11] “Murlidhar Meghraj Loya v. State of Maharashtra, (1976) 3 SCC 684”

[12] “Kasam Bhai Abdul Rehman Bhai Sheikh v. State of Gujarat, (1980) 3 SCC 120”

[13] “State of Uttar Pradesh v. Chandrika (AIR 2000 SC 164)”

[14] “142^nd Law Commission Report, 1991, Chapter XI, https://lawcommissionofindia.nic.in/report_twelfth/, accessed 18 April 2023”

[15] “154^th Law Commission Report, 1996, Chapter XIII, https://lawcommissionofindia.nic.in/report_fourteenth/, accessed 18 April 2023”

[16] “Committee on Reforms of the Criminal Justice System Report, 2003 (Malimath Committee Report)”

[17] “State of Gujarat v Natwar Harchanji Thakor (2005) Cr.L.J. 2957”

[18] “The Criminal Law (Amendment) Act, 2005, § 4”

[19] “The Code of Criminal Procedure, 1973, § 265A(1)”

[20] “The Code of Criminal Procedure, 1973, § 265B(2)”

[21] “The Code of Criminal Procedure, 1973, § 265L”

[22] “The Juvenile Justice (Care and Protection of Children) Act, 2000, § 2(k)”

[24] “The Code of Criminal Procedure, 1973, § 265B(1)”

[25] “The Code of Criminal Procedure, 1973, § 265B(2)”

[26] “The Code of Criminal Procedure, 1973, § 265B(3)”

[27] “The Code of Criminal Procedure, 1973, § 265B(4)”

[28] “The Code of Criminal Procedure, 1973, § 265B(4)(a)”

[29] “The Code of Criminal Procedure, 1973, § 265B(4)(b)”

[30] “The Code of Criminal Procedure, 1973, § 265C(a)”

[31] “The Code of Criminal Procedure, 1973, § 265C(b)”

[33] “The Code of Criminal Procedure, 1973, § 265D”

[34] “The Code of Criminal Procedure, 1973, § 265E(a)”

[35] “The Code of Criminal Procedure, 1973, § 360(1)”

[36] “The Code of Criminal Procedure, 1973, § 265E(b)”

[37] “The Code of Criminal Procedure, 1973, § 265E(c)”

[38] “The Code of Criminal Procedure, 1973, § 265E(d)”

[39] “142^nd Law Commission Report, 1991, Chapter XI, https://lawcommissionofindia.nic.in/report_twelfth/, accessed 18 April 2023”

[40] “The Constitution of India, Article 226”

[41] “The Constitution of India, Article 132”

[42] “The Code of Criminal Procedure, 1973, § 265G”

[43] “The Code of Criminal Procedure, 1973, § 265H”

[44] “The Code of Criminal Procedure, 1973, § 265-I”

[45] “The Code of Criminal Procedure, 1973, § 428”

[46] “The Code of Criminal Procedure, 1973, § 265K”

[48] “Carrie Johnson, ‘The vast majority of criminal cases end in plea bargains, a new report finds’, (National Public Radio (NPR), 22 February 2023), https://www.npr.org/2023/02/22/1158356619/plea-bargains-criminal-cases-justice#:~:text=In%20any%20given%20year%2C%2098,from%20the%20American%20Bar%20Association., accessed 19 April 2023”

[49] “Murat C. Mungan and Jonathan Klick, ‘Reducing False Guilty Pleas and Wrongful Convictions through Exoneree Compensation’, (University of Chicago – Journal of Law & Economics, Volume 59 Issue 1, February 2016) accessed 19 April 2023”

[52] “SCC Online, ‘Triple method of plea bargaining, compounding of offences and the Probation of Offenders Act, 1958: Supreme Courts’ suggestions on disposal of criminal cases’, (SCC Online, 31 October 2022),

https://www.scconline.com/blog/post/2022/10/31/supreme-court-under-trial-prisoners-suggestions-plea-bargaining-probation-of-offenders-act-compoundable-offences-bail-dlsa-under-trial-review-committees-legal-resea/, accessed 19 April 2023.”

^{^[1]} Liu, Jodie, Compulsory Licensing and Anti-Evergreening: Interpreting the TRIPS Flexibilities in Section 84 and 3(d) of the Indian Patent Act, Vol. 56, HARVARD INTERNATIONAL LAW JOURNAL 207, 207-228 (2015).

^{^[2]} https://www.iralr.in/post/efficacy-in-pharmaceutical-products-novartis-ag-v-union-of-india

^{^[3]} Oke, Emmanuel Kolawole, The Indian Novartis Case: Finding the Right Balance between Access and Innovation (August 28, 2013).

^{^[4]} Thambisetty, Siva, Novartis v Union of India and the Person Skilled in the Art: A Missed Opportunity (September 19, 2013).

^{^[5]} Kumar, Shanti and Shukla, Nitin and Sangal, Tanushree, Evergreening of Patents and Indian Patents Law (June 15, 2009).

^{^[6]} Chandru, Ajay and Gokhale, Gowree, Novartis Indian Supreme Court Judgment: what is efficacy for pharmaceutical invention? Vol.2, MANUPATRA INTELLECTUAL PROPERTY REPORTS 165, 165-172 (May 2013).

^{^[7]} Arcuri, Alessandra and Castro Bernieri, Rosa Julieta, How Innovative is Innovative Enough? Reflections on the Interpretation of Article 27 TRIPS from Novartis v. Union of India, SOCIETY OF INTERNATIONAL ECONOMIC LAW (SIEL) INAUGURAL CONFERENCE 2008 PAPER (July 14, 2008).

[1] In this paper, since the discussion is couched in the Indian context, we will assume that the perpetrator is the husband, and correspondingly, the victim is the wife.

[3] See the Protection of Children from Sexual Offences Act, 2012, §3. Consent is immaterial when the assault is against a child.

[4] UN Women, 2011-2012 Progress of the World’s Women, 17, (2011) available at http://www2.unwomen.org/-

/media/field%20office%20eseasia/docs/publications/2011/progressoftheworldswomen-2011- en.pdf?v=1&d=20160810T092106 (last visited on December 15, 2017).

[5] Rebecca M. Ryan, The Sex Right: A Legal History of Marital Rape Exemption, 20 Law and Social Enquiry, 944 (1995).

[6] To Have and to Hold: The Marital Rape Exemption and the Fourteenth Amendment, 99(6) Harvard Law Review, 1256 (1986).

[11] The Indian Penal Code, 1860, S.375 as amended by the Criminal Law Amendment Act, 2013.

[14] Law Commission of India, Indian Penal Code, Report No. 42 (June 1971), available at http:// lawcommissionofindia.nic.in/1-50/report42.pdf (last visited on December 15, 2017).

[18] 7 Law Commission of India, Review of Rape Laws, Report No. 172 (March 2000), available at http://www.lawcommissionofindia.nic.in/rapelaws.htm (last visited on February 6, 2016).

[20] As per GOI Notification No. SO (3003), December 12, 2012, this committee was constituted to give out a report in merely thirty days.

[22] 8 The Criminal Law Amendment Bill, 130 of 2012.

[23] Standing Committee on Home Affairs, Fifteenth Lok Sabha, Report on The Criminal Law (Amendment) Bill, 2012, One Hundred and Sixty Seventh Report, 45, (December 2015).

[25] See The Indian Penal Code 1860, S.498A.

[26] Press Release, Press Information Bureau, April 29, 2015, available at http://pib.nic.in/newsite/ PrintRelease.aspx?relid=119938 (Last visited on December 17, 2017).

[29] In the case of marital rape, by not criminalizing it, the State is essentially presuming that a woman has provided an irrevocable consent to her husband for sexual activity. By not providing her the option to refuse such activity (say no), the State is offering her no choice but to participate in that sexual activity. Therefore, the State is compelling her to have conjugal relations with her husband.

[30] T. Sareetha v. T. Venkata Subbaiah, 1983 SCC OnLine AP 90 : AIR 1983 AP 356.

[32] Harvender Kaur v. Harmander Singh Choudhry, 1983 SCC OnLine Del 322 : AIR 1984 Del

[33] Saroj Rani v. Sudershan Kumar Chadha 1984 AIR 1562, 1985 SCR (1) 303

[34] Stanford Encyclopedia of Philosophy, Feminist Perspectives on Rape, June 21, 2017 available at https://plato.stanford.edu/entries/feminism-rape/ (Last visited on December 20, 2017).

[35] Ronald J. Berger, Patricia Searles & W. Lawrence Neuman, The Dimensions of Rape Reform Legislation, 22 Law & Society Review 329 (1988).

[36] Mohd. Hoshan v. State of A.P., (2002) 7 SCC 414 : 2002 Cri LJ 4124.

[37] Sarojakshan Shankaran Nayar v. State of Maharashtra, 1994 SCC OnLine Bom 385 : 1995 Cri LJ 340.

[38] Bomma Ilaiah v. State of A.P., 2003 SCC OnLine AP 38 : 2003 Cri LJ 2439.

[39] Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511.

[40] Rajesh Sharma v. State of U.P., 2017 SCC OnLine SC 821

[41] See The Indian Penal Code, 1860, S.375 and 376.

[42] In 1970, the Matrimonial Proceedings and Property Act abolished Restitution of Conjugal Rights in United Kingdom.

[43] Flavia Agnes, Hindu Conjugality: Transition from Sacrament to Contractual Obligations in Redefining Family Law in India, 236 (2008).

[44] J.S. Verma Report, supra note 32, 117.

[46] State of H.P. v. Mango Ram, (2000) 7 SCC 224.

[1] Central University of South Bihar, CUSB1913125042, BALLB (2019-24).

[2]Fazle Sharior,Mahbub-Ul Alam, et.al. “Occupational health and safety status of waste and sanitation workers: A qualitative exploration during the COVID-19 pandemic across Bangladesh” journal of POLS WATER 2(2023).

[5] Megha Bindal, Manual Scavenging Activity Will Now Be A Personal Liability Of The Municipality, 2021.

[6] Dheeraj Mishra and Jahnavi Sen “Sewer Deaths: Only About 50% of Victims' Families Received Rs 10 Lakh Compensation” THE WIRE 19 Nov 2019.

[2] https://www.who.int last vis 12 February 2022

[5] Joshi ,Nayan, Protection of Children from sexual offence,2012 ,Lawman publications , Delhi ,2018

[6]Chand, Y,V , THE INDIAN PENAL CODE,1860, LEXIS NEWIS PUBLICATIONS ,Delhi, 2019

[5] Kenneth .A. Rodman, How politics shapes the contribution of justice: Lessons from ICTY and ICTR, 110 AJIL UNBOUND 234-239 (2016)

[6] Article 2 of the ICTY Statute- Grave Breaches of the Geneva Conventions of 1949

[7] Article 3 of the ICTY Statute- Violation of the laws or customs of war

[9] Article 5 of the ICTY Statute- Crimes against humanity

[11] Cmd. 6964 (1946). The International Military Tribunal held that Article 6(c) of its Charter treated acts as crimes against humanity only if they were committed in execution of, or in connection with the Second World War, pages 64-5

[12]F. Mégret, ‘The politics of International Criminal Justice’, 13 EUROPEAN JOURNAL OF INTERNATIONAL LAW (2002) 5, 1261.

[15] Article 7 of ICTY Statue- Individual Criminal Responsibility

[16] Article 9 of ICTY Statute- Concurrent Jurisdiction

[18] Chapter VII of UN Charter- Action with respect to threats to peace, breaches of the peace and acts of aggression.

[19] Article 39 of the UN Charter- The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

[20] Article 41 of the UN Charter- The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

[21] Article 42 of the UN Charter- Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

[24] Article 2 (4) of UN Charter- All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

[26] S. Trifunovska, ‘Fair Trial and International Justice: The ICTY as an example with special reference to the Milosevic case’, RECHSTEINER MAGAZINE THEMIS (2003) 1, 3, 11.

[28]International Criminal Tribunal for Former Yugoslavia- https://ijrcenter.org/international-criminal-law/icty/case-summaries/tadic/

[30]InternationalCriminalTribunalforFormerYugoslaviahttps://www.internationalcrimesdatabase.org/Case/79/Tadi%C4%87/

[33] Article 5 of the ICTY Statute- Crimes against humanity

[34] Article 2 of the ICTY Statute- Grave Breaches of the Geneva Conventions of 1949

[35] Article 3 of the ICTY Statute- Violation of the laws or customs of war

[36] Dr. Kristen Campbell and Dr. Sari Wastell, Legacies of the International Criminal Tribunal for Former Yugoslavia, GOLDSMITH COLLEGE, UNIVERSITY OF LONDON (2011)

[37] Article 9(2) of ICTY Charter- The International Tribunal shall have primacy over national courts. At any stage of the procedure, the International Tribunal may formally request national courts to defer to the competence of the International Tribunal in accordance with the present Statute and the Rules of Procedure and Evidence of the International Tribunal.

[38] Article 7 (3) of ICTY Charter- The fact that any of the acts referred to in articles 2 to 5 of the present Statute was committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

[40] Article 20 (1) of ICTY Charter- The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

[41] Article 21 (4) of ICTY Charter- In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality……

[42] Robinson v. Jamaica, Communication No. 223/1987, 30 March 1989, U.N. Doc. CCPR/8/Add.1, 426.

[43] Wolf v. Panama, Communication No. 289/1988, 26 March 1992, U.N. Doc. CCPR/11/Add.1, 399

[44] Article 2 of ICTY Charter- Grave breaches of Geneva Convention 1949

[45] International Criminal Tribunal for Former Yugoslavia- https://www.refworld.org/cases,ICTY,40277f504.html

ELECTORAL RIGHTS OF WOMEN IN INDIAN DEMOCRACY BY - GURLEEN KAUR

PLEA BARGAINING– A CATALYST OR CATASTROPHE IN THE CRIMINAL JUSTICE SYSTEM? BY - HRISHI KAPADIA

JUDICIAL INTERPRETATION OVER THE REJECTION OF PATENT APPLICATION WITH REFERENCE TO NOVARTIS AG v. UOI & Others BY - MS. G. BOWSHI LATHA & MS. RAMYA R

CONSUMER AND DATA BREACH IN DAY TODAY LIFE OF CONSUMER BY - SANDHIYA KRISHNAN.S & KARUNAMBIGAI.S

LEGAL IMPLICATIONS OF STATUTORY RAPE IN INDIA: A CLOSER LOOK AT THE AGE OF CONSENT BY - TARUNA NAYYAR

CRIMINALISATION OF MARITAL RAPE IN INDIA BY: BY: DEEP NARAYAN YADAV, KARAN DORBI & AAYUSHI SINGH

ADDRESSING OCCUPATIONAL HEALTH AND SAFETY CHALLENGES FOR SANITATION WORKERS IN INDIA: ANALYSIS OF THE LEGAL FRAMEWORK AND THE ROLE OF THE SAFAI KARMACHARI ANDOLAN. BY - CHANDAN KUMAR

REPRODUCTIVE RIGHTS IN INDIA By - Reshel Bretny Fernandes

A CRITICAL ANALYSIS ON THE LEGACY AND LEGITMACY OF ICTY THROUGH THE LENS OF TADIC CASE BY: RAKSHANDHA DARAK

CORPORATE SOCIAL RESPONSIBILITY AND EDUCATION SECTOR-A CRITICAL STUDY BY: KK. NAKSHATHRA

LAW JOURNAL

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