INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

THE JOURNEY TOWARDS SPEEDY TRIAL: A CRITICAL APPRAISAL OF FAIRNESS IN LEGAL PROCESSES. BY - SHANMUGA PRIYA V & JOMY JOSHUA J

Authors: SHANMUGA PRIYA V & JOMY JOSHUA J

Registration ID: 108446 | Published Paper ID: IJLRA8446 & IJLRA8447

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

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

Email Id: priyashanthi145@gmail.com & jomyjomy783@gmail.com

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‘THE KEEPERS’: REPRESSION AND RECOVERY OF MEMORIES OF CHILD SEXUAL ABUSE BY - ANAMIKA TIWARI & ANKITA RAI

Authors: ANAMIKA TIWARI & ANKITA RAI

Registration ID: 108444 | Published Paper ID: IJLRA8444 & IJLRA8445

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

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

Email Id: anamikatiwari911@gmail.com & ankitarai1097@gmail.com

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POWER OF PMLA COURTS TO DECIDE TERRITORIAL JURISDICTION BY - TANISHEE RANJAN

Authors: TANISHEE RANJAN

Registration ID: 108443 | Published Paper ID: IJLRA8443

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

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Email Id: tanishee29@gmail.com

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BRIDGING LEGAL PRINCIPLES AND PSYCHOLOGICAL REALITIES: ANALYSING THE BATTERED WOMAN SYNDROME IN INDIAN JURISPRUDENCE BY - AMRUTA VENKATACHALAM

Authors: AMRUTA VENKATACHALAM

Registration ID: 108442 | Published Paper ID: IJLRA8442

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

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

Email Id: 22jgls-avenkatachalam1@jgu.edu.in

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CRITICAL ANALYSIS OF KA ABBAS VS UNION OF INDIA AIR 1970 SC BY – PRAGYA MISHRA

Authors: PRAGYA MISHRA

Registration ID: 108441 | Published Paper ID: IJLRA8441

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

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

Email Id: pragya111p@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-49264729/CRITICAL ANALYSIS OF KA ABBAS VS UNION OF INDIA AI

IDEA-EXPRESSION DICHOTOMY: A CORNERSTONE OF COPYRIGHT LAW BY - RITHVIK GUNDAVARAPU

Authors: RITHVIK GUNDAVARAPU

Registration ID: 108440 | Published Paper ID: IJLRA8440

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

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

Email Id: rithvik329@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-74227923/IDEA-EXPRESSION DICHOTOMY: A CORNERSTONE OF COPYRI

MATERNITY AND PATERNITY LEAVE LAWS: BALANCING LIFE AND CAREER BY - SRI VALLI M & PRATHIKSHA G.RAO

Authors: SRI VALLI M & PRATHIKSHA G.RAO

Registration ID: 108438 | Published Paper ID: IJLRA8438 & IJLRA8439

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

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

Email Id: 21ba104@nluo.ac.in

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Doi Link : https://www.doi-ds.org/doilink/09.2024-84667459/MATERNITY AND PATERNITY LEAVE LAWS: BALANCING LIFE

SOCIO-LEGAL IMPLICATIONS OF THE CASE SUPRIYO AKA SUPRIYA CHAKRABORTY & ANR. V. UNION OF INDIA BY - LAKSHITA MAHAJAN

Authors: LAKSHITA MAHAJAN

Registration ID: 108436 | Published Paper ID: IJLRA8436

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

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Email Id: mahajan.lakshita2005@gmail.com

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AN CRITICAL ANALYSIS DOWRY IN LEGAL FRAMEWORK BY - PUGAZHENTHI J , NALINI R & PASUPATHI G K

Authors: PUGAZHENTHI J , NALINI R & PASUPATHI G K

Registration ID: 108433 | Published Paper ID: IJLRA8433, IJLRA8434 & IJLRA8435

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

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

Email Id: adv.pugazhenthi.j@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-63771798/AN CRITICAL ANALYSIS DOWRY IN LEGAL FRAMEWORK

CONTRIBUTION OF HOUSE MAKER IN THE DEVELOPMENT OF FAMILY’S ASSEST: AN ANLYSIS OF ROLES AND RIGHTS OF HOUSE WIFE. BY - YASH BHARDWAJ

Authors: YASH BHARDWAJ

Registration ID: 108432 | Published Paper ID: IJLRA8432

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

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

Email Id: bhardwajyash160@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-59548829/CONTRIBUTION OF HOUSE MAKER IN THE DEVELOPMENT OF

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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
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[1] Jhanvi Bansal, Justice Delayed Is Justice Denied vs. Justice Hurried Is Justice Buried, JUS CORPUS (July 6, 2022), https://www.juscorpus.com/justice-delayed-is-justice-denied-vs-justice-hurried-is-justice-buried/.

[3] M.P. Jain, The Indian Legal System: An Enquiry Into Its Structure and Development (2d ed. 1972).

[4] G.A. Res. 217 (III) A, Universal Declaration of Human Rights, arts. 10-11 (Dec. 10, 1948).

[5] Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1369 (India).

[6] JOHN DOE, CRIMINAL JUSTICE IN INDIA: CHALLENGES AND REFORMS 123 (2nd ed. 2023).

[8] Vakil Prasad Singh v. State of Bihar, (2009) 3 SCC 355 (India).

[9] Code of Criminal Procedure, 1973, § 167(2), No. 2, Acts of Parliament, 1974 (India).

[11] Raj Deo Sharma v. State of Bihar, 7 SCC 507 (S.C. 1998)

[12] PRIYA SHARMA, THE INDIAN JUDICIAL SYSTEM: CHALLENGES AND REFORMS 87 (Oxford University Press, 3d ed. 2023).

[1] JANE DOE, ET AL. v. A. JOSEPH MASKELL, ET AL.

The suit was however, barred by the limitation and never went to the trial. The main issue before the court in this case was to decide whether the “discovery rule” could be applied to time-barred suits in the cases of allegedly “repressed” and “recovered” memories.

[2] Loftus, E. F., (1993). The reality of repressed memories. American Psychologist, 48, 518-537.

[3] Trei, L. (n.d.). Psychologists offer proof of brain’s ability to suppress memories. Psychologists offer proof of brain's ability to suppress memories. Retrieved October 9, 2021, from https://news.stanford.edu/news/2004/january14/memory-114.html, The essential findings showed that suppression of unwanted memories is related to increase of right and left frontal cortex (the part of the brain used to repress memory), which in turn led to reduced activation of hippocampus (the part of the brain used to remember experiences).

[4] Anderson, M. C., & Levy, B. J. (2009). Suppressing unwanted memories. Current Directions in Psychological Science, 18(4), 189–194. https://doi.org/10.1111/j.1467-8721.2009.01634.x

For veterans of Iraq and Afghanistan, victims of natural disaster, witnesses of terrorism and people who have experience personal traumas find a need to control their intrusive thoughts which unfortunately is all very clear. For them, forgetting is the goal and remembering is human frailty.

[5] Ibid, this example demonstrates a need to quash a strong habitual response to a stimulus a basic function of executive control.

[10] Sexual violence against children. UNICEF. (2021, June 24). Retrieved October 9, 2021, from https://www.unicef.org/protection/sexual-violence-against-children.

[11] Johnson, Laura (2000) "Litigating Nightmares: Repressed Memories of Childhood Sexual Abuse," South Carolina Law Review: Vol. 51: Iss. 4, Article 15. Available at: https://scholarcommons.sc.edu/sclr/vol51/iss4/15

[14] Loftus, E. F., (1993). The reality of repressed memories. American Psychologist, 48, 518-537.

One psychotherapist of 18 years of experience claims that “millions of people have blocked out frightening episodes of abuse, years of their life, or entire childhood.” She has later reported that childhood memory is particularly susceptible to suppression of memories.

[18] Several hypotheses were proposed by Ganaway (1989) to elucidate SRA memories, which hold immense relevance to memories of repressed past. Existence of these unauthentic memories could be explained as fantasy, illusion, or hallucination mediated screen memories, which is often referred as internal defense mechanism. Further understanding Ganway’s hypothesis, a mixture of borrowed ideas, myths, characters, and accounts from exogenous sources eccentric internal beliefs collectively form the SRA memories. It also suggests Once activated, the factual memories and manufactured memories are unintelligible from each other.

[19] Surveys conducted in the same period on childhood abuse unveil an alarming rate range of approx. 10%-50%, however, according to the argument put forward by Freyd (1991), even if we disregard the extent of the abuse, even the most conservative of them are poignant enough to leave a profound impact on the child, as the act is nothing but barbaric.

[20] If the abuse is verified to be a confirmed case, then the veracity of many instances of subdued memory abused cases can be confirmed. In the repressed memory cases, unfortunately if the memory does not float back to the person’s conscience for a long period of time, there is little in the way of documented affirmation. However, obviously this does not signify that they are speculative.

[21] Consonantly, some examples of repressed memories that are later retracted were proven to be false, or proven to be an aftermath of suggestions, this would only prove that veracity of some reports cannot be verified, however this does not mean that all such reports are illusionary.

[22] The phrase which says that the “person’s memory might be false”, does not point towards that the person would be deliberately lying. Albeit there is always a probability that the person might be lying, even psychotherapists who challenge the veracity of the reports are often left amazed by the intensity and honesty of the age, guilt, depression and terror, and the overall behavioural dysfunction which elopes along the awareness of the abuse (Ganaway, 1989).

[23] All the subjects in the above-mentioned experiment were subjected while having their brains scanned with the help of the Function Magnetic Resonance Imaging (fMRI).

[24] From the first set the subjects were allowed to look at the first words of the respective pairs and recall the second word. From the second set, the subjects were allowed to look at the first word but were specifically asked not to think about the second word of the respective pairs. And finally, the third and last set was kept as a baseline and therefore the same was not made part of the brain scanning experiment.

[25] This is broadly based on the idea that just like the neurobiological mechanism that the humans have evolved/developed to control our over actions might as well be recruited to control internal actions such as memory suppression/repression or even summoning back the memory that was supposedly lost. Further, the brain’s ability to suppress could be used a tool to decode some serious issues like addiction among others.

[27] Loftus, E. F., (1993). The reality of repressed memories. American Psychologist, 48, 518-537.

[28] The Keepers Netflix, 2017

He also said when a fly lays an egg in a day, the egg is converted into a living, moving maggot. It might be possible that there were some warm days.

[29] , Christian Richter M.D., the School Sisters of Notre Dame, Seton Keough High School, the Archdiocese of Baltimore, and Archbishop William Keeler in his capacity as Archbishop of Baltimore.

[30] At that time, the statute of limitation barred any action for civil recovery after a period of three years beyond the plaintiffs’ 18^th birthday.

[31] The court took an empirical approach court while concluding noted the fact that the theory of “repressed memories” lacks scientific credibility and therefore could not be relied upon.

[32] 1) there is a selective forgetting of painful recollections; 2) this process is not voluntary; 3) and that such memories are not lost but stored in the subconscious and may be retrieved if the attendant anxiety is absent. Thereby, disposing of the appeal in favor of the defendants.

[33] Johnson, Laura (2000) "Litigating Nightmares: Repressed Memories of Childhood Sexual Abuse," South Carolina Law Review: Vol. 51: Iss. 4, Article 15. Available at: https://scholarcommons.sc.edu/sclr/vol51/iss4/15

This rule tolls the commencement of statute of limitation until the victim discovers or by reasonable diligence should have discovered the wrongful action. By this rule, the victim can file a suit even after the expiration of limitation period.

[36] Johnson, Laura (2000) "Litigating Nightmares: Repressed Memories of Childhood Sexual Abuse," South Carolina Law Review: Vol. 51: Iss. 4, Article 15. Available at: https://scholarcommons.sc.edu/sclr/vol51/iss4/15

[37] Law ministry lifts time limit for child abuse victims to file case. Hindustan Times. (2018, October 16). Retrieved October 9, 2021, from https://www.hindustantimes.com/india-news/law-ministry-endorses-removal-of-time-limit-to-report-child-sexual-abuse-maneka-gandhi/story-fxbf78duXiv3d0qQI5OIRJ.html. However, the issue of repressed and recovered memories in the cases of child sexual abuse has neither been addressed nor is there any judicial precedent which talks about repression of memories in such cases.

^{^[1]} Prevention of Money Laundering Act, No Act No.15 of 2003, 17 January 2003 (India)

^{^[2]} Vijay Madanlal Choudhary vs Union Of India, Supreme Court of India, 27 July 2022, SPECIAL LEAVE PETITION (CRIMINAL) NO. 4634 OF 2014, SCC (India)

^{^[3]} THE CODE OF CRIMINAL PROCEDURE, No ACT NO. 2 OF 1974, 25 January 1974 (India)

^{^[4]} Prevention of Money Laundering Act, No Act No.15 of 2003, 17 January 2003 (India)

^{^[5]} THE CODE OF CRIMINAL PROCEDURE, No ACT NO. 2 OF 1974, 25 January 1974 (India)

^{^[6]} The Indian Penal Code, No ACT NO. 45 OF 1860 (India)

^{^[7]} The Information Technology Act, No ACT NO. 21 OF 2000, 9 June 2000 (India)

^{^[8]} The Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act, No ACT NO. 22 OF 2015, 26 May 2015 (India)

^{^[9]} The Foreign Exchange Management Act, No ACT NO. 42 OF 1999, 29 December 1999 (India)

[10] Anand Patwardhan vs Central Board of Film Certification , 2003

[11] Bobby art international vs om pal singh hoon, AIR 1996

[1] Shristi Choudhary, ‘Copyright Law in India: An Analysis of the Copyright Act, 1957’ (2024) SSRN <https://ssrn.com/abstract=4694983>

[4] Avtar Singh, Intellectual Property Rights (7^th edn., Eastern Book Company, 2017) 35

[5] Saurabh Bindal, Intellectual Property Law: An Introduction (6^th edn.,, Eastern Book Company, 2021) 997

[6] Avtar Singh, Intellectual Property Rights (12^th edn., Eastern Book Company, 2019) 742

[7] Dr. M.K Bhandari, Laws relating to Intellectual Property Rights (9^th edn., Lexis Nexis, 2020) 789

[8] Dr. B.L Wadera, Laws relating to Intellectual Property Rights (5^th edn., Universal Publications, 2016) 993

[9] Irania Atanasova, ‘Copyright Infringement in Digital Environment’ (2029) <https://ideas.repec.org/a/neo/ecolaw/v1y2019i1p13-22.html>

[10] Kai Tumbraegel & Roux de Villiers ‘Copyright Protection for the Non-Literal Elements of a Computer Program’ (200$) 3 International Journal of multi-disciplinary Educational Research 41

[11] Vaishali Sharma, ‘An Analytical study of relevancy of Idea-Expression Dichotomy under copyright law’ (2023) 9 Journal of Legal Studies and Research 34, 39

[12] Tanvi Tewari, ‘The Idea-Expression Dichotomy: Does this Dichotomy really exist?’ (2020) 2 NLUA Journal of Intellectual Property Rights 113, 115

[16] Anuttama Ghose, ‘The Principle of Idea-Expression Dichotomy in Copyright Laws: Legal scenario in India compared to the Laws of USA and UK’, (2023) SSRN <https://ssrn.com/abstract=3722548>

[20] K P Abhinava Sankar, ‘The idea-expression dichotomy: Indianizing an international debate’ (2008) 3 JICLT 56, 67

[38] Steven Ang, ‘The idea-expression dichotomy and Merger doctrine in the copyright laws of the U.S. & U.K’, (2000) 114 IJ.L 43, 78

[40] Tejaswini Patri, ‘The relevance and evolution of the idea-expression dichotomy under copyright law’ (2024) 12 IJCRT 143, 145

[1] Supriyo @ Supriya Chakraborty & Anr Versus Union of India (2023) Writ Petition (Civil) No. 1011 of 2022 (https://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf)

[2] Suresh Kumar Koushal v Naz Foundation (2013) CIVIL APPEAL NO.10972 OF 2013 (https://main.sci.gov.in/jonew/judis/41070.pdf)

[4] Lata Singh vs State Of UP & Another (2006) Writ Petition (crl.) 208 of 2004 (https://main.sci.gov.in/jonew/judis/27831.pdf)

[5] JUSTICE KS PUTTASWAMY (RETD) AND ANOTHER VERSUS UNION OF INDIA AND OTHERS (2018) WRIT PETITION (CIVIL) NO. 494 OF 2012

(https://main.sci.gov.in/supremecourt/2012/35071/35071_2012_Judgement_26-Sep-2018.pdf)

[6] Shakti Vahini Versus Union of India and others (2018) WRIT PETITION (CIVIL) NO. 231 OF 2010 (https://main.sci.gov.in/supremecourt/2010/18233/18233_2010_Judgement_27-Mar-2018.pdf)

[8] LAXMIBAI CHANDARAGI B & ANR VERSUS THE STATE OF KARNATAKA & ORS (2021) WRIT PETITION [CRIMINAL] NO.359/2020

(https://main.sci.gov.in/supremecourt/2020/25061/25061_2020_39_31_25989_Judgement_08-Feb-2021.pdf)

[1] Assistant Professor, Department of Legal Studies, Vels Institute of Science, Technology and Advanced Studies, Pallavaram, Chennai

[2] Assistant Professor, Department of Legal Studies, Vels Institute of Science, Technology and Advanced Studies, Pallavaram, Chennai

[3] Assistant Professor, Department of Legal Studies, Vels Institute of Science, Technology and Advanced Studies, Pallavaram, Chennai

[4] A dowry is a transfer of parental property, gifts, property or money upon the marriage of a daughter (bride)

[5] Dalton, George (1966). "Brief Communications: "Bridewealth" vs. "Brideprice"". American Anthropologist. 68 (3): 732–737

[6] Subs. by Act 43 of 1986, s. 2, for “or after the marriage” (w.e.f. 19-11-1986).

[7] Venuri Venkateswar Rao v. State ofA. P., 1992 (1) crimes 287 AP

[8] NagpalHimanshi., ?The Historical journey of Anti-Dowry laws‘; (2017), www.feminismofindia.com

[13] "All let off in Nisha Sharma dowry case after 9 years". IBNLive. 1 March 2012. Retrieved 28 March 2015.

[14] India acceded to the ICCPR on April 10, 1979. India has, however, not signed or ratified the optional protocols to the ICCPR (including the Second Optional Protocol, which abolishes death penalty)

[15] Ashok Kumar Thakur v. Union of India, (2008) 6 SCC 1

[16] "Statement of UNICEF Executive Director Ann M. Veneman on International Women's Day". UNICEF. Retrieved 2012-09-04

[17] "Violence Against Women Information". Amnesty International. Retrieved 2012-09-04.

[18] Article 28 of the ICCPR establishes a Human Rights Committee consisting of 18 members to administer the enforcement mechanisms provided for in the ICCPR. ICCPR, supra note 4, art. 28(1).

[19] Thus, the state complained against must be a party to the Optional Protocol as well as a party to the ICCPR. As the language of Article 1 implies, only individual victims can submit a communication: "NGO's or other interested parties are prohibited from filing communications under the Protocol, unless they themselves are victims of [human] rights violations." See LILLICH, supra note 109, at 195. However, according to Lillich, the Committee will accept communications from an individual 'through an appointed representative." Id. In addition, an individual who is a close family member of the alleged victim can submit a communication on the victim's behalf when he or she is unable to do so. Id. In such cases, the burden is on the author to establish that a close family relationship exists. Id. Failure to meet the burden will result in the communication being inadmissible

THE JOURNEY TOWARDS SPEEDY TRIAL: A CRITICAL APPRAISAL OF FAIRNESS IN LEGAL PROCESSES. BY - SHANMUGA PRIYA V & JOMY JOSHUA J

‘THE KEEPERS’: REPRESSION AND RECOVERY OF MEMORIES OF CHILD SEXUAL ABUSE BY - ANAMIKA TIWARI & ANKITA RAI

POWER OF PMLA COURTS TO DECIDE TERRITORIAL JURISDICTION BY - TANISHEE RANJAN

BRIDGING LEGAL PRINCIPLES AND PSYCHOLOGICAL REALITIES: ANALYSING THE BATTERED WOMAN SYNDROME IN INDIAN JURISPRUDENCE BY - AMRUTA VENKATACHALAM

CRITICAL ANALYSIS OF KA ABBAS VS UNION OF INDIA AIR 1970 SC BY – PRAGYA MISHRA

IDEA-EXPRESSION DICHOTOMY: A CORNERSTONE OF COPYRIGHT LAW BY - RITHVIK GUNDAVARAPU

MATERNITY AND PATERNITY LEAVE LAWS: BALANCING LIFE AND CAREER BY - SRI VALLI M & PRATHIKSHA G.RAO

SOCIO-LEGAL IMPLICATIONS OF THE CASE SUPRIYO AKA SUPRIYA CHAKRABORTY & ANR. V. UNION OF INDIA BY - LAKSHITA MAHAJAN

AN CRITICAL ANALYSIS DOWRY IN LEGAL FRAMEWORK BY - PUGAZHENTHI J , NALINI R & PASUPATHI G K

CONTRIBUTION OF HOUSE MAKER IN THE DEVELOPMENT OF FAMILY’S ASSEST: AN ANLYSIS OF ROLES AND RIGHTS OF HOUSE WIFE. BY - YASH BHARDWAJ

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