GLS Law Journal

Guest Article

Hon’ble Mrs. Justice Sunita Agarwal — Mon, 01 Jan 2024 00:00:00 +0000

Speech as Guest of Honour at Expert Lecture Session at Faculty of Law, GLS University on October 28, 2023.

Mass Mediation in Disasters – Mitigating the Inherent Risks

Harsh Mahaseth, Juhi Jain, Muskan Dang — Mon, 01 Jan 2024 00:00:00 +0000

Disasters in general render victims vulnerable, especially at the hands of insurance representatives. Given the mental distress that the victims are already reeling under, among other factors, and the power that insurance companies exercise during this time, aggravates this issue. Often litigation is resorted to, but to no avail, given the inherent pitfalls of the mechanism. Mediation in such scenarios is seen as an effective remedy to resolve disputed insurance claims. In fact, the success of mediation during multiple disasters over the past few decades have proved its strength. While mediation is the best alternative, it suffers from certain risks. The aim of this paper is to therefore evaluate the special risks posed in such mass mediation. This paper will first introduce the concept of how mediation comes into play post disasters and why it is seen as the best system to resolve disputed insurance claims. It will subsequently look at some of the factors, both internal and external that pose challenges to this mechanism in the context of a post-disaster set up. This paper will subsequently analyze the different cases where mediation was used to settle the insurance claims and success of the respective programs. Lastly, this paper will then look at the implications for system designers and mediators, and finally conclude with recommendations for the furtherance of mass mediation.

Integration of Cutting-Edge Technologies such as Internet of Things (IoT) and 5G in Health Monitoring Systems: A Comprehensive Legal Analysis and Futuristic Outcomes

Bhupinder Singh, Christian Kaunert — Mon, 01 Jan 2024 00:00:00 +0000

The convergence of cutting-edge technologies such as the Internet of Things (IoT) and 5G has given rise to innovative applications in various sectors, notably in healthcare. The integration of cutting-edge technologies, notably the Internet of Things (IoT) and 5G, into health monitoring systems has brought forth a transformative paradigm in healthcare. This comprehensive legal analysis explores the intricate intersection of these technologies and the legal landscape governing their application in health monitoring. Delving into the realms of ethics, regulation, and privacy, this study examines the multifaceted challenges and opportunities that arise from this convergence. By scrutinizing patient data protection, medical device regulations, and liability concerns, the analysis offers insights into crafting effective legal frameworks. Additionally, it contemplates the futuristic outcomes of these advancements, considering the potential for enhanced patient care, remote monitoring, and seamless healthcare delivery. This study envisions a harmonious integration of technology and law that not only ensures the rights and privacy of patients but also paves the way for an innovative and patient-centric healthcare future. This research paper critically examines the integration of IoT and 5G technologies in health monitoring systems and analyzes the legal implications arising from their deployment. With a focus on the ethical, regulatory, and privacy concerns associated with these technologies, the paper aims to provide a comprehensive legal analysis that addresses the challenges and opportunities presented by their integration in the healthcare domain.

Image Rights of Sportspersons: Increasing the Ambit of Privacy

Tarun, Rahul Rajpal, Vikrant Singh Chauhan — Mon, 01 Jan 2024 00:00:00 +0000

Image rights represent the ability of an individual to control the use or portrayal of their identity in public, something which should ideally be within the sole control of that individual. However, the presence of miniscule legislative backing along with the views of large corporations have shown otherwise. Image rights, especially of players, present an attractive commercial opportunity, often forming a huge source of earnings for clubs, national teams and even video game franchises. However, the protection and treatment of image rights of athletes has started a controversy where players are now recognizing the value of these rights and the lack of control they possess over their use. Large corporations such as EA Sports have shown an utter disregard for the right of a player to control or even cash in on the use of their image, bringing forth the question whether the current protection of image rights is sufficient. This study has uncovered the sheer lack of protection available to these rights in most countries, with some jurisdictions failing to recognize the right of a player to control their identity. This study has analyzed and brought forth the flaws in the system, whilst highlighting the immense economic potential for both athletes and clubs.

Critical Analysis of the Right to Health of Tribal Minorities - an Indian Perspective

Rahul Dattu Gangurde — Mon, 01 Jan 2024 00:00:00 +0000

India has signed the United Nations Convention on the Rights of the Child, but the country's health care system has not received the adequate funding or attention it needs to meet the convention's standards. Health and education are crucial to realizing children's rights, but to do so we must shift away from a welfare model. Special care must be taken to ensure the health of the newborn (survival), baby (immunizations, nutrition), and preschooler (infections, development). Completely functioning health care delivery systems, well executed programs, and comprehensive accountability. All children should have access to free preventative care and basic medical treatment. The disadvantaged need access to practical health literacy education. Because of a severe lack of access to medical care, the health of indigenous people is in a precarious state. Women and children in the neighbourhood are disproportionately affected by malnutrition, which is the leading cause of mortality. The indigenous tribal people of India still face significant obstacles in the health sector, despite India's 68 years of independence. These include a lack of education, the absence of even basic health care, and food poverty. Natural resources are dwindling as a direct consequence of increasing land grabs by corporations, which is wreaking havoc on indigenous communities that have no other means of subsistence. Unemployment among native/tribal youngsters is a major problem. Hence, it becomes important to evaluate the healthcare rights of tribal communities in India. This paper is an attempt to analyse the provision of Right to Health for the tribal communities. It will further argue, whether Right to Health should be explicitly considered as a fundamental right under Part III of the Constitution of India.

Copyright Protection of literary and artistic works in India: An overview of legal framework and enforcement mechanisms

Sheheen Marakkar — Mon, 01 Jan 2024 00:00:00 +0000

The protection of literary and artistic works by copyright is a crucial component of India's legal framework for intellectual property rights. The Copyright Act of 1957, which establishes the exclusive right of the copyright holder to reproduce, distribute, and perform the work, governs the legal foundation for copyright protection. In India, copyright protection is immediately conferred as soon as a work is produced; registration is not necessary. However, it is advised to register your copyright because it can be used as legal proof in court if there is ever a dispute. Exhaustive lists of works covered by copyright are usually not to be found in legislation. Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include literary works such as novels, poems, plays, reference works, newspaper articles; computer programs, databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs, and sculpture; architecture; and advertisements, maps, and technical drawings. It is significant to understand the whether the works in question comes within the purview of the subject matter in order to figure out whether there is copyright infringement. Therefore, this article would analyse literary and artistic works and the extent to which it applies to the works in question, in the light of landmark judgments.

Navigating the Climate Crisis: Exploring International Law's Evolution and Application

Patrick Chukwunonso Aloamaka — Mon, 01 Jan 2024 00:00:00 +0000

The climate crisis demands a global effort to mitigate its impact and adapt to the changing environment. International law is essential in addressing this crisis, enabling cooperation and providing a framework for action. This study explores the evolution and effectiveness of international law in navigating the climate crisis. It examines the historical development of international environmental law, highlighting key milestones like the UNFCCC and the Paris Agreement. The study evaluates the effectiveness of international law in driving climate action through mechanisms such as emission reduction targets, reporting obligations, financial assistance, and technology transfer. It also addresses challenges within the existing legal framework, including enforcement mechanisms, compliance issues, and equitable treatment of developing countries. Furthermore, the study explores the evolving role of non-state actors in shaping climate governance and influencing international legal norms. It investigates transnational networks, voluntary initiatives, and corporate social responsibility as complementary to international legal instruments. Finally, the research identifies pathways for future development and enhancement of international climate law, emphasizing more ambitious emission reduction commitments, integrating climate considerations into other areas of international law, and exploring innovative legal approaches like climate litigation and climate-related trade measures.

Judicial Review of Ordinary Laws and Constitutional Amendments: A Comparative study

Tanvi Goyal — Mon, 01 Jan 2024 00:00:00 +0000

Judicial review is the essence of rule of law and supremacy of law in democratic countries. It is an important tool in the hands of the judiciary. Judicial review allows courts to review laws, whether made by the Parliament, executive, judiciary or otherwise. If there are laws that contradict the constitution, then they can be struck down as unconstitutional or held ultra-vires. The basis of the principle of Judicial review lies in the fact that in case of a conflict between the constitution i.e. the law of the land and any other law, the judiciary will choose the constitution and thus uphold its supremacy.

Laws on Registration of Marriages in India and its Utility

Divyam Desai — Mon, 01 Jan 2024 00:00:00 +0000

India is a country of diverse customs and traditions. Marriage is a concept which is largely driven by the customs prevalent in the country and because of this there are several legislations on marriage and divorce. The paper will examine how compulsory registration of marriage with uniform procedures can play an important role in avoiding vexatious matrimonial conflicts and other social evils like child marriage etc. The existing laws on registration of marriages and state legislation on compulsory registration after Supreme Court’s guidelines will be closely analyzed. The effectiveness and utility of each law will be analyzed from the bare reading of the law and with the help of case laws.

Fundamental Rights through the Lens of Prisoners

Abhinav Jindal — Mon, 01 Jan 2024 00:00:00 +0000

The term Imprisonment feature, directed from the correction technique of each sovereignty in the nation has been growing quickly over and over a long period. Around 11.5 million prisoners across the nation, according to the “World Prisoners Population list” and in accord with “National Crime Records Bureau Ministry of Home Affairs” there are 1319 prisoner’s homes in the country (India) having 5,54,034 prisoners but at the same there are 547 inmates are in jail across the India in which 4,27,165 are undertrial and the convicts are 1,22,852 which could be a country’s population. While researching, “the researcher carried many case laws, books, journals etc. the paper aims to examine judicial attitude towards prisoners under Indian law”. The purpose is to analyse the fundamental rights of the prisoners. This Research focuses on primordial, law organisation, and legal provisions that are supported by the relevant case laws. All are born equal and are having some basic fundamental rights. The rights basically are right to life and liberty. Also, the Supreme Court’s decision in the case of Gideon v. Wainwright , right to counsel was established under the 6th amendment, regardless of a defendant’s ability to pay for an advocate. The "Father of our Nation" Mahatma Gandhi was correct when he said, "Hate the Crime, but not the Criminal." Years and years ago, the situation of the inmates was even worse because they were treated like "animals" and had no access to provisioners. After a decade, society had discovered that there are some basic fundamental rights that should be given to the prisoners. If a person relegate a crime, it does not mean that he has quitted being human that he denudes off his life which consists of human dignity. And the reconstructing of prions and their rights in India needs prime attention.