Law Review

Jan'22


The IUP Law Review

ISSN: 2231-3095

A 'peer reviewed' journal indexed on Cabell's Directory, and also distributed by EBSCO and Proquest Database

It is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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Focus Areas
  • International Business Law
  • Corporate and Securities Law
  • Banking Law
  • Insurance Law
  • Cyber Law
  • Environmental Law
  • Alternative Dispute Resolution
  • Healthcare Law
  • Employment Law
  • Intellectual Property Rights
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Article   Price (₹) Buy
Religion, Spirituality and Law: A Reevaluation
50
Product Liability and Consumer Protection in India: A Work in Progress
50
Fighting Against Domestic Violence: The Cases of Ghana and China
50
Marital Rape: Causes and Consequences
50
Law on Groundwater Management in the Union Territory of Jammu and Kashmir: Issues and Opportunities
50
     
Contents: (Jan 2022)

Religion, Spirituality and Law: A Reevaluation
D Ganesh Kumar

There is an interconnection between law and religion and spirituality. Any law devoid of the principles of natural justice, which include equity, justice and good conscience, is considered to be a bad law. All the laws are laid on the edifice of the principles of natural justice and are known by various names, viz., eternal law, universal law, moral law, ethical law, divine law, ideal law, supreme law, cosmic law, spiritual law devoid of materialistic things and feelings, etc. The term law has various meanings and the application of its definition depends on the circumstances. The present paper makes an attempt to trace the interrelation between law, religion and spirituality and explain how it has contributed to peace and harmony in the society.


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Article Price : ₹ 50

Product Liability and Consumer Protection in India: A Work in Progress
Vikas Trivedi and Anandkumar R Shindhe

Right to Safety is one of the major consumer rights sought to be protected and promoted under the Consumer Protection Act. Every product entering the market has to meet the test of legitimate expectation of safety to consumers. In cases where the product falls short of safety standards, the consequences can be very damaging for the consumers. Product liability refers to the consumption accident that results from defects in a product. Of late, the cases of defective products have been on the rise from all sectors-food and beverages, pharmaceuticals, personal care products, domestic appliances, motor vehicles, farm machinery, and many others. Traditionally, the product liability cases have been taken up under the law of torts and contract law. The Indian Contract Act, 1872 and Sale of Goods Act, 1930 have been the major legislations dealing with product liability to an extent. While there have been a few other sector-specific legislations as well dealing with product liability, there was no general legislation dealing with the issue. The recent Consumer Protection Act, 2019 contains specific provisions laying down the liability for the manufacturers, sellers, and service providers. This paper traces the historical evolution of the concept of product liability in India, discusses landmark cases and examines the provisions of product liability with reference to the Consumer Protection Act, 2019.


© 2022 IUP. All Rights Reserved.

Article Price : ₹ 50

Fighting Against Domestic Violence: The Cases of Ghana and China
Emmanuel Mensah Aboagye, Kwaku Obeng Effah, and Rosemary Achiaa Asamoah

Domestic violence is a severe human rights predicament that transcends cultural, economic, social and religious ranks. It affects human dignity and health, and has long-term socioeconomic consequences. This paper examines domestic violence issues from the Ghanaian and Chinese perspectives, while highlighting the relationship between domestic violence and human rights. Ghana's government has enacted the Domestic Violence Act 732 (2007) to help fight this menace, while China has enacted the 2016 anti-domestic violence law. This was purposely enacted to protect the victims through full legal measures, while specifically ensuring protection orders and a written notice method that warrants early mediation from employers, government officials, social workers, and law enforcement authorities. This paper unravels the numerous factors behind domestic violence and recommends that China and Ghana should effectively fight against domestic violence by adopting an efficient approach to expose the menace of domestic violence.


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Article Price : ₹ 50

Marital Rape: Causes and Consequences
Avinash Singh and Jyoti Sharma

Marital rape has been one of the most debated topics across the world. Marital rape exceptions in penal codes deny the much needed legal protection to women who are married to their assailants. The present paper analyzes several key issues relating to marital rape, including factors such as societal, legal, cultural, and historical, among others. Cross-border experiences have also been considered to justify the need for criminalization of marital rape as a separate offense under the criminal law of the land. The paper also presents the findings of a World Bank study, which empirically studied the frequency distribution of various factors leading to sexual and physical violence based on the response of the women participants.


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Article Price : ₹ 50

Law on Groundwater Management in the Union Territory of Jammu and Kashmir: Issues and Opportunities
Mudasir Bhat, Mehraj Ud Din Mir, Gulafroz Jan and Mainnaz Qadir

Water is considered the lifeline of our ecological existence. It not only plays an important role in the socioeconomic conditions of the state but also in the well-being of an individual. Water, which is available in many forms like surface water, groundwater, ice caps, etc., needs proper regulation and management. The groundwater, once seen as a private resource, is now considered a public resource to which the state is trustee. Groundwater management has been a burning issue worldwide, for which states have been taking vibrant steps. At the national level, some guidelines in the form of Model Bills have been framed, but the matter, as per the constitutional setup, is the domain of states. The erstwhile state of Jammu and Kashmir has taken a dynamic step to regulate water resources by enacting the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010. This paper focuses on the importance of groundwater and its management. It also underlines the private and public rights with regard to sub-surface water. Finally, it concludes with some valuable suggestions which may be taken into consideration for proper regulation and management of groundwater in the union territory of Jammu and Kashmir.


© 2022 IUP. All Rights Reserved.

Article Price : ₹ 50