Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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    169 research outputs found

    Reforming Plastic Waste Management: A Legal Perspective on Extended Producer Responsibility and Circular Economy Policies

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    Environment is what we all have and is what we all need to protect and preserve. The exponential growth of plastic waste is becoming a pressing environmental concern, necessitating a paradigm shift in waste management strategies. The usability and ready availability of plastic makes it impossible to eliminate it from our lifestyle but at the same time the problem of the waste accumulated over the years is of a growing concern. This paper examines the role of Extended Producer Responsibility (EPR) and Circular Economy (CE) policies in reforming plastic waste management from a legal perspective. Extended Producer Responsibility is a cornerstone of circular economic policies, it assigns manufacturers responsibility for the waste generated by their products. This approach has been increasingly adopted globally, with varying degrees of success. This paper analyzes the legal frameworks governing EPR, highlighting best practices and challenges. A critical examination of Circular economic policies reveals that they often lack a robust legal foundation, hindering effective implementation. A harmonized legal framework is essential for the success of plastic waste management system in an economy. The paper concludes on a note that legally robust policy framework is the need of the hour.  It emphasizes the need for policymakers to adopt a holistic approach, incorporating product design, waste management, and education, to address the plastic waste crisis efficiently and effectively

    A Comparative Study of Corporate Insolvency and Personal Bankruptcy: Legal Frameworks and Its Implications

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    This study conducts a comparative analysis of corporate insolvency and personal bankruptcy, exploring their distinct legal frameworks, processes, and socio-economic implications. Corporate insolvency, applicable to companies, primarily seeks to restructure or dissolve businesses while preserving stakeholder interests, including those of creditors, employees, and shareholders. Personal bankruptcy, on the other hand, addresses individual financial distress, offering relief through asset liquidation or repayment plans.The paper examines statutory regimes in jurisdictions such as the United States, the United Kingdom, and India, highlighting the procedural differences, stakeholder roles, and legal consequences of each system. For instance, corporate insolvency often involves professional administrators, tribunals, and complex resolutions, whereas personal bankruptcy focuses on debtor rehabilitation, with simpler, court-supervised proceedings.Through a comparative framework, the study underscores the broader socio-economic impacts, including employment disruptions, market instability, and personal stigma. It also identifies emerging trends, such as digital insolvency platforms and post-pandemic reforms, while advocating for measures like financial literacy programs, streamlined processes, and balanced asset protection.The findings aim to enhance the understanding of these legal mechanisms, offering insights for reforms that ensure fairness, efficiency, and accessibility while fostering economic resilience and individual dignity

    Breaking the Silence: Addressing Marital Rape Through Law Reform

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    Marital rape, defined by non-consensual sexual intercourse within the institution of marriage, remains a pervasive but often overlooked form of gender-based violence. This research examines the legal and societal dimensions of marital rape in India, emphasizing the violation of autonomy and dignity inherent in such acts. The study critically evaluates existing laws and societal attitudes towards marital rape. Key findings reveal significant gaps in legal protections and societal perceptions that perpetuate gender inequalities and uphold patriarchal norms. The research underscores the urgent need for legal reforms that prioritize bodily autonomy, uphold human rights, and promote gender equality within marital relationships. By framing marital rape within the principles of natural justice, this paper advocates for comprehensive legal reforms like criminalization of marital rape, Awareness program, compensation to the victim for to rebuild their lives and regain a sense of security and well-being after experiencing such profound violations of their rights within the context of marriage. Suggestions aimed at ensuring consistency in addressing sexual violence irrespective of marital status, thereby advancing justice and safeguarding the rights of all individuals affected by marital rape

    The Role of Multinational Corporation in Enhancing Skill Development and Promoting Innovations in India: A Critical Analysis

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    With the onset of globalization, MNCs have emerged as significant drivers of economic growth and industrial development in India, bringing innovative technology, managerial knowledge, and best practices from all over the world. This research looks at how multinational corporations help employees improve their abilities through various initiatives and programs. These programs cover a wide range of topics, including technology adoption, quality management, and cross-cultural competency, providing employees with the tools they need to succeed in a globalized work environment. MNCs give employees access to global best practices and help them in their future. Employees benefit from cross-functional teamwork and knowledge exchange, which provide useful insights and experiences that contribute to their professional development. MNCs provide possibilities for professional advancement and continual learning, encouraging employees to pursue higher education, certifications, and specialised training courses that are relevant to their roles. MNCs enable staff to stay up to date on technical breakthroughs and contribute successfully to the organization\u27s success by cultivating a learning and innovation culture. It plays a crucial role in technology transfer and research collaboration, establishing R&D centers and partnering and combination with local industries

    Breaking Silence, Building Equality: The Resonance of #Metoo in the Symphony of Gender Inclusivity

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    This paper critically examines the multifaceted impact of the #MeToo movement within legal frameworks, exploring its influence on gender equity, inclusivity, and empowerment. Delving into the revelation of previously silenced experiences, it assesses the path toward dismantling societal norms contributing to gender-based discrimination and evaluates the existing legal provisions. The resonance of #MeToo extends beyond exposing instances of harassment; it represents a collective assertion against systemic issues, urging transformative change. By analyzing its cultural impact, the paper investigates evolving legal dynamics concerning gender relations, focusing on the ramifications of societal attitudes toward harassment and assault. The movement\u27s role in amplifying voices and encouraging legal accountability is examined as a pivotal step toward fostering a culture rooted in consent and respect. In the evolving legal landscape surrounding gender inclusivity, this paper explores how #MeToo shapes a more equitable society. It underscores the imperative of sustained efforts in dismantling power imbalances, challenging stereotypes, and fostering environments that empower individuals of all genders—all while considering and evaluating existing legal provisions. The paper concludes by emphasizing the ongoing significance of conversations, legal advocacy, and solidarity in maintaining momentum toward a harmonious, inclusive, and just future

    From Labels to Legitimacy: Necessities for Trademark Law in Protecting Food Brands

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    The article examines the intricate relationship between the food industry in India and trademark laws. It is now more imperative than ever that Indian brands have a strong trademark protection as the food industry in the country intensifies its growth and has added new categories at an incredible pace. The challenges of online infringement, threats of genericization and copying, which threaten not only consumers’ safety and branding, but also brand images and identities themselves. Additionally, the article highlights future perspectives essential for safeguarding brand integrity in a competitive marketplace. The Trademarks Act of 1999 serves as the foundation for trademark protection in India and is essential in facilitating food brands in conquering challenges such counterfeiting, genericization, and brand dilution. We advocate improved protection of trade dress that influences customers\u27 perceptions of brands and can avoid market confusion. In order to mitigate these issues, it emphasizes the importance of increasing public awareness of trademarks and the risks associated with counterfeit products. E-commerce platforms play an important role in our digital age. These platforms can mitigate trademark infringement and hold parties responsible by enforcing stringent takedown policies and vetting vendors. Furthermore, employing technology curb challenges posed in the food industry. Finally, in order to effectively address unique challenges faced by the food industry, a thoughtful revision of the current trademark law is imperative to ensure trademark protection crucial for establishing customer confidence and guaranteeing the authenticity of food products, and this may be achieved by strengthening legal frameworks and promoting cooperation among industry stakeholders. In turn, this will help India\u27s thriving food industry\u27s producers and customers

    Writs and Rights: A Comprehensive Study of Judicial Remedies in India

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    The Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This means that high courts may have the most extensive caseload of any court level. Research has indicated that the maximum Due to a combination of a lack of human resources and an inadequate case load, High Courts in India frequently experience delays and backlogs in cases. The community of the court to judge whether legislative acts are constitutional is called as judicial review of legislative acts. Enabling judicial review of State security measures that result in an unauthorized deprivation of an individual\u27s liberty is the primary goal of writ of habeas corpus. Instead, then punishing any officials in charge of their incarceration, the purpose of the writ is to release the individual from unlawful cure. These are the writs that are explicitly mentioned in the Constitution tonight: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. All forms of the government apart from dictatorship must have a robust, impartial, and independent judiciary. The judiciary is essential to the interpretation and application of the law in any nation and resolving conflicts that arise between citizens as well as between citizens and the state. When a written constitution is in place, the courts also carry out the expensive duty of conserve the supremacy of the document by explain and distinguish its provisions and check that all authorities endure within it enclose

    Interplay between Law and Morality and its Role in Restoring Dignity to the Sexual and Gender Minorities in India

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    Law has always been an instrument for bringing about changes in society. It regulates and controls the behaviour of individuals. More often than not, the prevalent morality of any given society is reflected in the body of laws that govern it.  The laws are based on the collective conscience and moral values. Similarly, the morals and ethical mores that prevail in a society at any given time is deeply entrenched in its religious ethos and have always shaped behaviour and decisions of the country’s populace, and this ultimately determines as to what is acceptable or unacceptable in society. One realises that the realms of law, morality and religion are ever intersecting and overlapping each other and at the same time are constantly changing also. The body of laws that exists in society raises and maintain the moral compass of a society. The question which, therefore, arises is whether role of law, as a tool to effect change in society, is restricted to just that, i.e., to enforce public morals? The article deals with the interplay of Law and Morality, delving into the debate of Hart-Devlin on Law and Morality in the light of the concept of homosexuality and the accessibility of basic rights and dignity to the LGBTQ community in India. The article has also dealt with the changing judicial trend as is seen from interpretations given by judiciary, of Section 377 of erstwhile IPC, in their pronouncements that indicate a shift from “persecution” to “protection” of sexual minorities

    Legal Framework of Medical Negligence in perspective of Human Rights in India: A Critical Appraisal

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    In today’s context, medical negligence has emerged as a significant concern in India, despite the esteemed status of the medical profession in the country. In India, medical negligence is regarded as both a criminal offense according to the Criminal Procedure Code and a civil liability under Tort Law. The right to health is acknowledged as a fundamental human right. Awareness among the public regarding medical negligence in India is increasing, leading to a better understanding of medical rights. Medical negligence typically results from actions or oversights by healthcare practitioners, often stemming from their limited knowledge or the inadequate availability of medical facilities in hospitals. Consequently, it is imperative for professionals to stay updated on the principles of medical negligence and consumer protection laws, including any relevant amendments, to ensure legal compliance. This paper seeks to explore the concept of medical negligence in depth

    A Comparative Analysis of The Doctrine of Judicial Review in India, US And UK

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    The present work undertakes a comprehensive investigation and comparative assessment of the doctrine of judicial review in the nation of India, the US, and the United Kingdom. Judicial review is a legal principle that empowers the judiciary to scrutinise and invalidate actions undertaken by both the legislative and executive wings of government which are inconsistent with the constitution and violate fundamental rights. The study begins by examining the historical evolution of the doctrine of judicial review in each country, highlighting the differences and similarities in the legal framework and constitutional provisions that underpin the doctrine. The study thereafter evaluates the implementation of the doctrine of judicial review in every country, with a specific emphasis on the judiciary\u27s role, the extent of review, and the criteria for review. This study will provide a thorough examination of judicial review within India, including the necessary procedures, in order to offer a clear and concise understanding of the concept. This analysis will include the historical background, aim, and extent of judicial review within the Indian legal system. The study also examines the influence of the doctrine of judicial review in each country on the division of powers, democratic governance, and the safeguarding of basic rights. The text examines the difficulties and constraints associated with the notion of judicial review in different countries and proposes suggestions for enhancing its effectiveness. In addition, the study will analyse the present condition of judicial review within each of the three nations, and will investigate the challenges and issues now confronting the idea in each country. The paper concludes by doing a comparative examination of the idea of judicial review within India, the United States of America, and the UK, emphasising both the similarities and differences. The study emphasises that while the three countries are committed to upholding the rule of law and protecting fundamental rights, the implementation and interpretation of the concept of judicial review differ in each jurisdiction. The chapter also mention some suggestions like courts must analyse the constitutionality of cooperative federalism in conflicts involving federal legislation, such as power distribution and interstate trade. This will enhance the cohesion of federal democracies. Judicial review is designed to interpret and enforce current laws. Furthermore, the autonomous nature of the judiciary is a crucial factor whenever the court possesses the power to examine any statute. A judiciary that lacks dependence is unable to deliver a just and impartial verdict

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    Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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