DME Journal of Law

Disaster Risk and Disaster Management Policies: A Comprehensive Analysis in Context of The Disaster Management Act, 2005

Himanshi Prajapati — 2024-12-30

India is the 7th largest country as per area, 1^st populous country in the world most populous democracy in the world. India’s climate is predominantly categorized as tropical monsoon. As per World Risk Index (WRI) – 2023, India was at the third rank. The Eleventh Finance Commission of India suggested, and twelfth Finance Commission of India emphasized hazard mapping, transparent relief distribution, and then allocated calamity relief funds. This paper discusses thoroughly the disaster management act, 2005. The Disaster Management Act 2005 of India is structured into eleven chapters and addresses different aspects of disaster management. The Act also mandates the formulation of comprehensive disaster management plans tailored to regional risks and vulnerabilities, enhancing the country's readiness to tackle various types of disasters. It is recommended in the paper to focus more on creating citizen awareness and education rather than catering solely to officials. It is recommended in the paper that "One Nation, One Act" policy should be considered to unify the National Disaster Management Act with state-level Acts for better coordination and streamlined implementation.

From Religious Edict to Legal Debate: The Journey of Fatwas

Abhay Bansal — 2024-12-30

This article embarks on a comprehensive exploration of the preamble of Bharat being secular and democratic republic which provide us the guarantee of the liberty of faith alongwith the freedom of expression incumbents several challenges in the diverse landscape of Bharat , the delicate balance between religious freedom and secular law is paramount alongside safeguarding cultural and humanitarian rights while ensuring harmony amongst its various cultural and religious communities, under such diversified complexities this article would try to make understand the need and balance of Fatwas upsurgence of such underscores the need for a comprehensive legal framework to address religiously motivated coercion and uphold the principles of religious freedom, principle of right to speech, right to belief, individual autonomy, and equal protection under the law. Elucidating the aforesaid contentions, the author tried in exploring the legal implications of unsolicited fatwas and examine potential strategies for safeguarding the rights of individuals and preserving the integrity of the Indian legal system.

Saubhagyawati Bhava: Marriage as a License to Torture? Exploring the Mental Health Impact and Legal Lacunas Faced by Women in India

Prateek Singh — 2024-12-30

Marriage, often portrayed as a sacred bond and a source of happiness, can tragically become a license for torment and suffering for many women in India. This paper explores the concept of "Saubhagyawati Bhava" (meaning "May you be blessed with good fortune as a wife"), traditionally associated with marital bliss, through a critical lens, questioning its validity in the face of widespread marital abuse and torture. Focusing on the mental health impact and legal lacunas faced by women in India, this study delves into the multifaceted challenges endured by women trapped in abusive marriages. Drawing upon empirical research, legal analyses, and societal perspectives, this paper delves into the psychological toll inflicted by marital abuse, as well as the systemic failures and loopholes in legal frameworks that perpetuate impunity for perpetrators. By shedding light on the stark realities of marital torture and its detrimental effects on women's well-being, this research underscores the urgent need for legal reforms, social interventions, and support systems to safeguard the rights and dignity of women in India's marital institutions. Ultimately, the paper calls for a re-evaluation of societal norms, cultural practices, and legal structures to ensure that marriage is not a license to torture, but rather a sanctuary of love, respect, and mutual empowerment for all individuals involved.

Environmental crimes: A threat to Sustainable Development Goals

Apoorva Thakur: — 2024-12-30

Environmental crime represents a significant challenge to global sustainability, threatening biodiversity and hindering the achievement of Sustainable Development Goals (SDGs). As natural resource scarcity escalates, organized crime syndicates increasingly exploit illegal markets for resources such as timber, minerals, and endangered species. These activities, often intertwined with other serious crimes like corruption and money laundering, degrade ecosystems, compromise human health, and destabilize fragile governments. While international conventions and national regulations aim to mitigate environmental crime, limited enforcement, regulatory inconsistencies, and inadequate resources undermine their effectiveness. This paper explores the complexities of environmental crime, emphasizing its transnational nature and its socioeconomic impacts on communities reliant on natural resources. It advocates for strengthened international cooperation, enhanced legal frameworks, and community-driven initiatives to counteract environmental crime. Additionally, it highlights the need for inclusive approaches to environmental governance to protect vulnerable populations and foster sustainable development. By addressing these issues, the global community can better safeguard ecosystems, promote biodiversity, and create pathways toward achieving the SDGs.

Government Monitoring with The use of Upcoming Technologies and The Right to Privacy: An Analysis

B Mathanachandiran — 2024-12-30

In the modern world, in order to receive services from the government and non-governmental organizations, a person must provide them access to his personal information. This disclosure of private data only extends to the date of his birth. A birth certificate requires the following information to be disclosed: name, location and date of birth, parent names and ages, etc. Both public and private educational institutions demand the same personal information in order to admit students. The government requires many identities of verification before granting him a driver's license and voter card. In order to be eligible for subsidized food or other services, an individual must provide their name, address, picture, fingerprint, and iris scan. and other biological traits. Property ownership or possession also necessitates the
government documentation of the party’s identities and other information. An arrested
Even in minor cases, a person or detainee may be required to provide his personal details such as his fingerprints, face features, blood type, gene sample, etc. Additionally, personal data must be provided for income tax reasons, banking transactions, etc. Sometimes, a deceased individual can only rest in peace if he has an identification card that has been approved by the government. Furthermore, the deceased individual lives on in the digital realm since personal data may be kept on computers indefinitely. Private service companies retain more personal data about each individual than do government records. A person interacts with private service providers more often than with governmental organizations. An individual divulges his personal information to private service providers as part of his daily routine in order to do a variety of tasks, such as watching television, using a smartphone, browsing the internet, shopping online or off, traveling, touring, social networking, eating, drinking, writing, speaking, and so on. Private service providers save a lot of personal data and utilize it for their own business endeavours. People, on the other hand, virtually ever know why such vast amounts of data have been gathered or whether they will be utilized for the intended goals. Throughout history, both public and private organizations have gathered and utilized people's personal data for their intended uses

NDPS Act 1985: A Study with Special Reference to Investigation

Aditya Singh — 2024-12-30

Even in the most extreme situations, where there is sufficient evidence proving an accused guilt, the courts have chosen to acquit them, frequently on technical grounds resulting from the improper application of the provision of Narcotic Drugs and Psychotropic Substances(NDPS)Act, 1985 particularly those relating to the seizure of illegal substances and the arrest of the person in possession of them. The common consensus is that if someone is found in possession of narcotics, the inquiry that follows should lead to the accusation of guilt. Thus, it is crucial that the applicable provisions of the Act be administered impartially and in accordance with the well-established principle of criminal law, which requires that the accused be presumed innocent until and unless proven guilty.

This paper seeks to investigate the practical application of the NDPS Act in drug cases in India. It aims to examine the legal and procedural aspects of drug-related offenses, the investigation process, the role of law enforcement agencies, and the challenges faced in prosecuting offenders also examine the effectiveness of the NDPS Act in achieving its intended objectives and suggest potential reforms to enhance its effectiveness. The study will draw on a comprehensive review of the relevant literature, including case laws and legal provisions, as well as interviews with law enforcement officials and legal experts.

South Asian Climate Migration with a Special Emphasis on the existing Policy towards Climate Migrants

Sincy Wilson — 2024-12-30

The heavily populated Southern Asia sub-region, which is home to 1.94 billion people, has been shaped by significant migrant patterns, due to disasters and conflicts. The fact that some of the South Asian countries have not ratified the 1951 Refugee Convention and its 1967 Protocol is currently viewed as a very serious concern for how refugees and climate migrants are treated in these regions. Countries in the region are aware that migratory patterns are impacted by climate change and other factors, but they are typically reluctant to make significant changes to current migration and climate-related policies. India is the best illustration of how these people managed to thrive without a proper legal system. This study examines how well India complies with international norms, asks whether India should provide better assistance to refugees and migrants due to climate change, and examines regional and global measures already in place to help refugees and migrants due to climate change. Encouraging environmental constitutionalism and enhancing protections for human rights may be feasible alternatives for South Asian nations, particularly India. In this case, a more robust structure for regional cooperation on climate action that takes climate migration into account is required.

The Formalistic Approach to Competition Law: A Critical Examination Of Its Benefits And Limitations

Adya Pandey — 2024-12-30

Formalism, is a traditional and ancient approach applied under competition laws to judge the conduct of the businesses. Under this method adherence to pre decided legal rules is made, without the necessity for case specific analysis. Conduct of a company if falls within the specified rules, shall be termed anti competitive without considering any pro competitive effect it may be having on the market. Formalism though liberated the decision maker from the need to consider non legal aspects and accorded uniformity, it has it own limitations and challenges. The drawback of formalistic approach is highlighted greatly in present times when competition has become tech driven. Rigidity associated with the rule is giving undesirable results leading errors of judgement. Competition Laws while were designed to curb unfair business practices having negative impact on market, also intent to promote competition. Inclination to formalism alone deprived the regulatory bodies to implement the other intent of the law. Eefect based approach is the need of the hour. The new working regime of the business world require nothing else than a balanced approach that facilitates healthy competition while prevents unhealthy business practices. Critics of the formalistic theory argue that strict adherence to formalistic approach stifles competition and the require a critical examination of the tenets of the doctrine in the context of present changed times, formalism as a theory cannot be ignored altogether, but needs to be applied with caution. This paper seeks to examine the theoretical framework of the theory and discuss its advantages’ as well as limitations. Through the analysis of cases, an attempt is made to contribute thought to the ongoing debate of exploring ways of balancing formalistic tenets according to the changing times.

Balancing Innovation and Public Interest: A Critical Analysis of Microorganisms Patenting under Intellectual Property Law

Tamilselvi Jagadeesan — 2024-12-30

The patenting of microorganisms represents a dynamic intersection between scientific innovation and intellectual property law. As biotechnology advances, the ability to manipulate and use microorganisms for industrial, agricultural, and medical purposes has expanded significantly. However, the question of whether and to what extent these life forms should be patentable raises complex legal, ethical, and public policy considerations.

This paper critically analyzes the global legal framework governing microorganism patents, with a focus on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the U.S. Patent Act, and the Indian Patents Act. It examines the balance between fostering innovation through patent protection and safeguarding public interest, particularly in terms of biodiversity, public health, and access to essential biological resources. The paper delves into key judicial decisions that have shaped the contours of microorganism patenting, highlighting the tension between proprietary rights and the need for equitable access.

Through this analysis, the paper explores the ethical dimensions of patenting life forms, addressing concerns related to biopiracy, environmental sustainability, and the commodification of genetic resources. It further discusses the challenges faced by developing countries in navigating the patent regime, suggesting potential reforms to ensure a more equitable balance between innovation and public welfare.

The research concludes by proposing a framework for more responsible microorganism patenting those respects both the rights of innovators and the broader societal and environmental implications of such patents.

Democracy in Action: Political Parties and Electoral Dynamics in India

Vaishali Yadav — 2024-12-30

India, renowned as the world's largest democracy, has a rich tradition of political diversity and a multi-party system that reflects its social, linguistic, religious, and regional variations. The research commences by tracing the historical origins of political parties in India, both before and after independence, which have contributed to shaping the present-day political landscape. This historical backdrop provides insights into the enduring legacies and ideologies that influence contemporary party dynamics.

Subsequently, the research explores the structure and functioning of political parties in India, highlighting their organizational setup, leadership patterns, and decision-making mechanisms. It examines the role of political parties in mobilizing public support, articulating policy agendas, and fostering political engagement. Additionally, the research investigates the impact of financial resources, media, and technology on modern election campaigns and the strategies employed by parties to resonate with the electorate.

Special attention is given to elections as the foundation of democracy. The research delves into the electoral process, encompassing voter registration, election day procedures, and the pivotal role played by the Election Commission of India in ensuring fair and impartial elections. It examines the implications of various types of elections, such as parliamentary, state assembly, and local government elections, on governance and representation.

Furthermore, it addresses the challenges and dilemmas confronted by political parties in India and explores issues such as political polarization, the influence of identity politics, regional disparities, and the emergence of populist movements. The research also scrutinizes the nexus between money, corruption, and politics, while discussing the need for electoral reforms in the quest for a robust democracy.

This research aims to provide readers with a comprehensive understanding of the intricate dynamics that shape India's democratic processes. By examining political parties and elections in-depth, it underscores the vital role of parties as institutions of governance and representation, while highlighting the opportunities and obstacles that lie ahead on India's democratic path.