INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

COMPARATIVE ANALYSIS OF JUDICIAL APPOINTMENTS: A STUDY WITH REFERENCE TO THE USA, UK, AUSTRALIA, SOUTH AFRICA, CANADA AND INDIA BY - S. RAMANA SUBRAMANIAN

Authors: S. RAMANA SUBRAMANIAN

Registration ID: 108456 | Published Paper ID: IJLRA8456

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

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

Email Id: ramanasivamani.3123@gmail.com

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GLOBALIZATION AND ITS IMPACT ON HUMAN RIGHTS BY - YATI YADAV

Authors: YATI YADAV

Registration ID: 108455 | Published Paper ID: IJLRA8455

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

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

Email Id: yatu.yadav77@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-73176652/GLOBALIZATION AND ITS IMPACT ON HUMAN RIGHTS

“HUMAN RIGHTS & PRESERVATION OF HUMAN HEALTH” BY: PALLAVI NITIN PAWAR

Authors: PALLAVI NITIN PAWAR

Registration ID: 108454 | Published Paper ID: IJLRA8454

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

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

Email Id: pallavintn27@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-82795737/HUMAN RIGHTS & PRESERVATION OF HUMAN HEALTH

RTI ACT’S IMPACT ON TRANSPARENCY AND ACCOUNTABILITY IN GOVERNANCE BY - M. NARMADHA

Authors: M. NARMADHA

Registration ID: 108453 | Published Paper ID: IJLRA8453

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

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

Email Id: narmadhamohan.e@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-68183594/RTI ACT’S IMPACT ON TRANSPARENCY AND ACCOUNTABIL

LEGAL FRAMEWORKS AND CHALLENGES ON SEXUAL OFFENCES AGAINST WOMEN AND CHILDREN UNDER BHARTIYA NYAYA SANHITA BY - NOOR ZAHRA RIZVI

Authors: NOOR ZAHRA RIZVI

Registration ID: 108452 | Published Paper ID: IJLRA8452

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

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

Email Id: Nashrajimmy72@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-46428188/LEGAL FRAMEWORKS AND CHALLENGES ON SEXUAL OFFENCES

“UNTYING THE GORDIAN KNOT OF PROXY ADVISORY FRAMEWORK VIS-À-VIS SHAREHOLDER ACTIVISM: AN INDIAN PERSPECTIVE” BY: - PARVATI ARUN & STUTI GUPTA

Authors: PARVATI ARUN & STUTI GUPTA

Registration ID: 108450 | Published Paper ID: IJLRA8450 & IJLRA8451

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

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

Email Id: parvathyarun93@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-87882598/UNTYING THE GORDIAN KNOT OF PROXY ADVISORY FRAMEWO

AADHAAR-VOTER ID LINKAGE: PROGRESS OR PERIL BY - SUSHMITHA. J

Authors: SUSHMITHA. J

Registration ID: 108449 | Published Paper ID: IJLRA8449

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

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

Email Id: mitha.sushmijai21@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-33266838/AADHAAR-VOTER ID LINKAGE: PROGRESS OR PERIL

PROTECTING CLOUD FORENSIC INVESTIGATION AGAINST ANTI-FORENSIC INVASIONS: A STUDY BY - ASHUTOSH KUMAR

Authors: ASHUTOSH KUMAR

Registration ID: 108448 | Published Paper ID: IJLRA8448

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

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

Email Id: justabs000@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/09.2024-61399531/PROTECTING CLOUD FORENSIC INVESTIGATION AGAINST AN

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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Doi Link : https://www.doi-ds.org/doilink/09.2024-59869693/THE JOURNEY TOWARDS SPEEDY TRIAL: A CRITICAL APPRA

‘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

Page No : 18 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/09.2024-52173154/‘THE KEEPERS’: REPRESSION AND RECOVERY OF MEMO

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[1] LLM Student – Manav Rachna University, Faridabad

[2] Kofi Annan, United Nations Secretary-General

[3] Shalmali Guttal, ‘Globalisation’ (2007) 17(4/5) Development in Practice

[4] UNGA Res 55/102 Globalization and its impact on the Full Enjoyment of All Human Rights (2000)

[5] Santosh Kumar M Katke, ‘Globalisation and Human Rights: An overview of its Impact’ (2018) 5(4) IJRAR accessed on October 14 2023

[6] S. K. Kapoor, International Law and Human Rights (17th edn, Central Law Agency 2009) 817

[7] Amartish Kaur, ‘Protection of Human Rights in India: A Review’ (2017) 2(1) Jamia Law Journal

[8] Orissa Mining Corp. ltd. v. Ministry of Environment & Forest (2013) 6 SCC 476

[1] Harvard T.H. Chan (School of Public Health) – Human Rights : A Brief Introduction by Stephen P. Marks Harvard University available at https://www.hsph.harvard.edu/wp-content/uploads/sites/134/2016/07/Human-Rights-A- brief-intro-2016.pdf, last seen on 18/08/2024.

[2] Health and Human Rights : A Theoretical and Practical Framework by Jonathan Cohen and Tamar Ezer available at https://www.researchgate.net/publication/259721969_Human_rights_in_patient_care_A_theoretical_and_practi cal_framework last seen on 18/08/2024.

[1] Cyril Shroff, 'From Shareholder to Stakeholder: The Next Age of Activism' (PRIME DATABASE, 2019) accessed 6 April 2024.

[2] Vikas Khemani, 'Corporate Governance in India - Evolved and Evolving' (PRIME DATABASE, 2023) accessed 3 April 2024.

[3] S. Subramanian, 'Proxy Advisory Industry in India', (2016) 13 Corp. Ownership & Control 371.

[4] Thomas Kingsley, 'Proxy Advisory Firms: A Primer' (American Action Forum, 12 July 2023) (last visited 6 April 2024).

[5] Bharat Reddy & Abhishek Jain, 'Impact of Proxy Advisory Firms: Turning tides and failing resolutions' (CYRIL AMARCHAND MANGALDAS, 4 October 2023) (last visited 4 April 2024).

[6] Kritika Agarwal, 'Regulation of Proxy Advisers in India: Is it a Threat to Shareholder Activism?' (INTERNATIONAL BAR ASSOCIATION) (last visited 4 April 2024).

[7] SEBI Issues Procedural Guidelines for Proxy Advisors' (ARGUS PARTNERS, 6 August 2020) (last visited 6 April 2024).

[8] Paul Rose, 'Proxy Advisors And Market Power: A Review of Institutional Investor Robovoting' (Harvard Law School Forum on Corporate Governance, May 27, 2021) (accessed 6 April 2024).

[9] S. Subramanian, 'Proxy Advisory Industry in India' (2016) 13 Corporate Ownership & Control 371.

[10] Shashank Shekhar, Namish Ojha, ‘Proxy Advisory Firms: Shaping Corporate Governance Practices in India’ (IRCCL, 12 Jan 2023) (last visited 6 Apr 2024)

[11] Chester S Spatt, ‘Proxy Advisory Firms, Governance, Failure and Regulation’ (Harvard Law School Forum on Corporate Governance, 25 June 2019) (last visited 6 Apr 2024)

[1] ‘EC Moots Linking Aadhaar with Voter ID, Law Ministry Tells LS’, The Hindu, 5 March 2020, sec. National, https://www.thehindu.com/news/national/ec-moots-linking-aadhaar-with-voter-id-law-ministry-tells-ls/article30992455.ece.

[2] Voter seeding is a process which involves linking Aadhaar numbers to the Election Photo ID Database as part of the National Electoral Roll Purification and Authentication (NERPAP), with the intention to ‘clean up’ India’s electoral rolls to prevent voter fraud.

[3] Writ Petition 494 of 2012, Justice K.S.Puttaswamy (Retd) & ... vs Union of India & Ors on 11 August, 2015

[4] EC Moots Linking Aadhaar with Voter ID, Law Ministry Tells LS.’

[5] https://www.scobserver.in/journal/aadhaar-link-to-voter-lists-what-has-the-supreme-court-said/

[6]https://thc.nic.in/Central%20Governmental%20Rules/Aadhaar%20Authentication%20for%20Good%20Governance%20(Social%20Welfare,%20Innovation,%20Knowledge)%20Rules,%202020.pdf

[7] https://www.insightsonindia.com/2022/08/29/the-concerns-around-the-aadhaar-voter-id-linkage/

[8] https://forumias.com/blog/linking-aadhaar-with-electoral-rolls/

[9] https://bnblegal.com/article/what-are-the-possible-dangers-of-linking-aadhaar-voter-ids-rajya-sabha-passes-election-laws-amendment-bill-2021/

[10] https://bnblegal.com/article/what-are-the-possible-dangers-of-linking-aadhaar-voter-ids-rajya-sabha-passes-election-laws-amendment-bill-2021/

[11] https://www.deccanchronicle.com/nation/current-affairs/160419/uidai-suspects-aadhaar-data-was-leaked-by-andhra-pradesh-government.html

[12] https://article-14.com/post/govt-has-cleared-linking-of-aadhaar-voter-data-past-experience-reveals-how-it-can-be-manipulated-61c937a621c09

[13] Justice K.S. Puttaswamy and Anr. vs. Union of India (UOI) (2019) 1 SCC 1

[14] https://www.civilsdaily.com/news/concerns-with-linking-aadhaar-with-voter-ids/

[16] Delhi High Court. (2018). Indian National Congress vs. Union of India

[17] Binoy Viswam vs Union of India, Supreme Court, Writ Petition (Civil) No. 247 of 2017, http://www.sci.gov.in/pdf/jud/wc24717_Sign.pdf.

[19] Research gate.(2019).Aadhar-Based Voter Verification: A study/pdf

[20] Centre for Accountability and Systematic Change (CASC).(2020).Electoral Reforms and Aadhaar.

[21] Internet Freedom Foundation (IFF).(2020).Data Protection and Aadhaar-Voter ID Linkage.

[22] International Foundation for Electoral Systems (IFES).(2019). Biometric Voter Verification: Global Experience.

[23] Observer Research Foundation (ORF).(2020). Aadhaar and Electoral Reforms: Lessons from International Experience.

[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.

COMPARATIVE ANALYSIS OF JUDICIAL APPOINTMENTS: A STUDY WITH REFERENCE TO THE USA, UK, AUSTRALIA, SOUTH AFRICA, CANADA AND INDIA BY - S. RAMANA SUBRAMANIAN

GLOBALIZATION AND ITS IMPACT ON HUMAN RIGHTS BY - YATI YADAV

“HUMAN RIGHTS & PRESERVATION OF HUMAN HEALTH” BY: PALLAVI NITIN PAWAR

RTI ACT’S IMPACT ON TRANSPARENCY AND ACCOUNTABILITY IN GOVERNANCE BY - M. NARMADHA

LEGAL FRAMEWORKS AND CHALLENGES ON SEXUAL OFFENCES AGAINST WOMEN AND CHILDREN UNDER BHARTIYA NYAYA SANHITA BY - NOOR ZAHRA RIZVI

“UNTYING THE GORDIAN KNOT OF PROXY ADVISORY FRAMEWORK VIS-À-VIS SHAREHOLDER ACTIVISM: AN INDIAN PERSPECTIVE” BY: - PARVATI ARUN & STUTI GUPTA

AADHAAR-VOTER ID LINKAGE: PROGRESS OR PERIL BY - SUSHMITHA. J

PROTECTING CLOUD FORENSIC INVESTIGATION AGAINST ANTI-FORENSIC INVASIONS: A STUDY BY - ASHUTOSH KUMAR

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

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[13] Justice K.S. Puttaswamy and Anr. vs. Union of India (UOI) (2019) 1 SCC 1

[15] AIR 2018 SUPREME COURT 1041

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