DME Journal of Law

THE CONSTITUTION OF INDIA AND CORPORATE SOCIAL RESPONSIBILITY: EXPLORING THE SYMBIOTIC RELATIONSHIP

Animesh Kumar, Pradeep K. Kulshrestha — Mon, 25 Dec 2023 00:00:00 +0000

This research article examines the complex and mutually beneficial relationship between the Indian Constitution and corporate social responsibility. Constitution is the foundation of a democratic, equitable, and all-encompassing society. Additionally, CSR has evolved into a key tool for organisations to actively and constructively improve society beyond profit maximisation. Paper explains how these seemingly distinct entities converge and harmonise for communal welfare. With its values of justice, liberty, equality, and fraternity, the Constitution implicitly encourages business to create the nation. This article seeks to identify constitutional provisions that require corporations to align their operations with the sovereign entity's social and budgetary goals. Additionally, it examines landmark legal rulings that strengthened corporate constitutional concepts. The present study also examines the development of CSR in India, from a discretionary act of benevolence to a statutorily imposed set of obligations on corporations under the 2013 Companies Act. Paper highlights the symbiotic relationship between the Indian Constitution and CSR, highlighting the possibility of collaborative efforts to address urgent social, economic, and environmental issues. The above study illuminates the complex and reciprocal interaction at hand, providing valuable insights for policymakers, legal professionals, and businesses seeking to use this harmonious coalition to advance sustainable development in India.

Justice Augmented: Navigating the Ethical and Legal Terrains of AI Integration in International Criminal Proceedings

Virendra P. S. Rathod — Mon, 25 Dec 2023 00:00:00 +0000

The intersection of Artificial Intelligence (AI) and International Criminal Law has heralded an era of augmented justice, characterized by enhanced efficiency yet beset by intricate ethical and legal quandaries. The present article seeks to delve into the multifarious impacts of AI integration, dissecting the potential augmentations and the inherent complications within the enigmatic confines of international criminal proceedings. It aims to meticulously juxtapose the promises of technological advancements against the imperatives of ethical justice and legal propriety.
The article commences with a nuanced exploration of AI’s role in evidence gathering and analysis, illuminating the potential for expedited and enriched processes. Yet, the core of the discussion gravitates towards the ethical and legal predicaments of AI biases and the consequential implications on the sanctity of fair trials. The article, thus, strives to weave together the threads of accountability, transparency, and the inviolable rights of the accused in a tapestry that reflects the multifaceted challenges posed by AI.
Drawing from a rich tableau of international perspectives, including the diverse legal landscapes of Europe, Asia, Africa, and the Americas, an offering of a global vista of prevailing attitudes, policies, and frameworks governing AI in judicial systems is endeavoured. In navigating the future, the article ends with policy proposals and legal frameworks to align AI’s integration with the sacrosanct principles of international human rights and criminal justice.
It is ultimately hoped that the article, rooted in rigorous academic discourse yet resonant with broader societal implications, offers an original, refined, and critical perspective on the confluence of AI and international criminal law.

Implications of Central Bank Digital Currency in India: A Critical Analysis

Neha K. Chawla — Mon, 25 Dec 2023 00:00:00 +0000

Central Bank Digital Currency (CBDC) is creating a lot of waves these days in the Indian economy due to its digital character. It is a sovereign currency issued by the central bank and a fungible legal tender for which users need not have a bank account. It is a much faster real-time tool to not only do a simple exchange of funds but for development of India’s monetary policy. In other words, CBDC is the physical bank note which is now put on a blockchain. Many questions arise about the legal and policy implications of CBDC. Even people are muddled as to what is the need of introducing a digital currency when cryptocurrency and other e-payment platforms are existent. This paper shall try and highlight the effect on the economy by introduction of digital currency and what are the major privacy, security, technological and monetary policy concerns surrounding it. It shall also draw comparisons from other jurisdictions where a digital currency has already been bought into force.

A Comparative Analysis of Human Rights for Refugee Women: Challenges, Progress, and Implications for Policy and Advocacy

Priya Rathore, Himanshi Yadav — Mon, 25 Dec 2023 00:00:00 +0000

This comparative study digs into the complicated world of refugee women’s human rights, illuminating the challenges they face, the advancements they make, and the consequences for advocacy and policy initiatives. Women who are refugees are among the most vulnerable and marginalized groups in the world, having to deal with a complex web of gender discrimination, uprooting, and numerous human rights violations. The human rights of refugee women are evaluated holistically across several regions in this study, with a focus on their rights to safety, health, education, and economic involvement. The survey reveals a fretting pattern of difficulties faced by refugee women, ranging from incidents of sexual and gender-based assault to restricted access to healthcare and educational services. Intersecting characteristics like ethnicity make these problems worse, and their age and handicap make them more vulnerable. Despite these challenges, significant progress has been made in supporting refugee women’s rights throughout a number of regions. Local initiatives, global organizations, and grassroots groups have all played crucial roles in changing their circumstances, frequently through empowerment programmes, legislation changes, and public awareness campaigns. The ramifications for advocacy and public policy are crucial. This study emphasizes the critical need for comprehensive, gender-sensitive policies that address the unique needs of refugee women. Policymakers must priorities the abolition of gender-based violence, secure refugee women’s access to quality healthcare and education, and create economic opportunities for them. Furthermore, establishing collaboration among governments, non-governmental organizations, and refugee populations is critical to efficiently implementing these policies. Advocacy should use social media and local partnerships to promote the voices of refugee women. The international community must hold states accountable for safeguarding refugee women’s legal rights. Finally, this analysis emphasizes the importance of addressing refugee women’s issues while also recognizing success. Advocating for gender-sensitive legislation and amplifying refugee women’s perspectives can help to establish a more equitable world in which their rights and dignity are respected.

Understanding the Concept of Phonetic and Visual Similarity Vis-A-Vis To Letter Trademarks Through Judicial Precedents

Yuvraj Sharma, Jatin Patil — Mon, 25 Dec 2023 00:00:00 +0000

The assessment of the distinctiveness of trademarks, despite the criteria outlined in the Trademark’s Act of 1999, specifically under sections 9 and 11, presents a formidable challenge, often necessitating the discerning perspective of the judiciary. As a fundamental guiding principle, both examiner and courts are obliged to evaluate a trademark as a unified entity. In recent years, there has been a discernible rise in the scrutiny of phonetic similarities between marks. The legal framework for dealing with the infringement of a registered mark due to phonetic resemblance is encapsulated within section 29(9) of trademarks act 1999. This section expressly stipulates that a mark may be infringed by the oral as well as the visual representation of words. The Supreme Court has consistently affirmed the imperative need to consider both auditory and visual aspects when comparing trademark. This paper delves into an analysis of numerous judgements handed down by the Supreme Court and various High Courts, primarily focusing on the assessment of both phonetic and visual aspects of trademarks. Special emphasis has been placed upon letter trademarks and their susceptibility to both visual and phonetic infringement. While trademarks typically encompass various elements such as devices, color combinations, letters and images, letter trademarks, often consisting of a single letter with descriptive trade connotations, are generally considered weaker trade makers. To establish trademark rights in such instances compelling evidence of usage is requisite. Conversely, trademarks comprised of more than one letter, devoid of descriptive elements pertaining to goods and trade, are regarded as stronger trademarks. In cases where a letter trademark incorporates a unique device, it offers robust protection for the trademark. This paper references multiple case laws where esteemed courts have recognised unequivocally rights with respect to letter trademarks.

Pervasive State Control On Temples: An Administrative Furore?

virendra Ashiya Chiku, Nandini Ravishankar — Mon, 25 Dec 2023 00:00:00 +0000

It all started with the eviction proceedings of a practicing advocate who was a tenant on the premises of the temple owned by the royal family of Travancore. The action of the executive officer who tried to oust the practicing advocate from the land on which he was a tenant was challenged. The predisposition of the tenant was that the executive officer himself lacked the authority to exercise powers by holding his office. In addition to that, the person vide whom he was appointed under hand and seal lacked the authority to do so since his authority in office was questioned. This spiked the fire of the famous Padmanabhaswamy Temple dispute which not only underscores pervasive state control but also speaks volumes of the pseudo-secularism in the exercise of administrative privileges present in the country. The action of a religious community to agree to the state control over its religious institutions on the condition prevailing that, the state shall hold the authority to take care of funds and management of transactions but not the religious activities of the Institution is a drowning Armada sure to sink. This is because the community is oblivious to the fact that investment in secularism starts with transactions undertaken and monetary power conferred. That the religious institution be governed by a secular body in addition to which the latter be vested with the power to make appointments of significant position holders to the religious institution goes against the very spirit of the provisions of the constitution. The right of a religious community to administer its religious institution which is not secular, perhaps essentially religious is an Essential Religious Practice or at least significant for carrying out its Essential Religious Practices. The Padmanabhaswamy Temple Verdict of the Apex Court, by taking into consideration the intricacies of the Covenant and interpretation of its clauses has accurately differentiated between the right of the state to supervise and the unwritten privilege enjoyed by it to control and administer. This paper focuses on:
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Evolution of essential religious practice and its applicability to the Padmanabhaswamy Temple issue;
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In-depth analysis of the Padmanabhaswamy Temple vis-a-vis the Kerala High Court judgment;
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Shedding light on inspiring factors of the verdict: The Shirur Math Judgment and Chidambaram Temple Verdict that propelled as clarion calls for self-governance of religious institutions;
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Highlighting how rampant and essential the judgment is for the community in the light of the Hindu Religious Endowment Board Act, 1951 and the reignited hope in the Judiciary along with constitutional provisions reinstated by it.