Law Review

Oct'21


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.

Privileged access to Online edition for Subscribers.

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
CheckOut
Article   Price (₹) Buy
Cyberterrorism and Security of Critical Infrastructures: An Emerging Challenge for India
50
Mitigating the Menace of Banking Frauds in India Using Innovation and Technology
50
Admissibility of Dying Declaration as Evidence: The Case of Pakistan
50
Right to Equal Pay for Equal Work: A Critical Analysis of the Plight of Women Working in the Construction Industry of India
50
Socioeconomic Rights: From Aspirations to Justiciable Rights
50
     
Contents: (Oct 2021)

Cyberterrorism and Security of Critical Infrastructures: An Emerging Challenge for India
Sumanta Meher

In the current situation, the intense use of the Internet for official as well as private communication makes everyone more dependent on cyberspace. Being dependent on cyberspace is beneficial for development, but it makes our workstations more vulnerable. After looking at the recent incidents of cyberterrorism, every country is more concerned about attacks on critical infrastructures. The Indian Government formed the "National Critical Information Infrastructure Protection Centre" in 2014 as a national nodal agency for the protection of critical infrastructure. After considering the contemporary facts as stated above, this paper ascertains the jurisprudential concept of cyberterrorism and the protection of critical infrastructures. After discussing the international initiatives, this paper critically analyzed the Indian legislation relating to combating cyberterrorism and securing critical infrastructures.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

Mitigating the Menace of Banking Frauds in India Using Innovation and Technology
Kanika Tyagi

Banking institutions are iron horses of our country that propel financial sector operations, money market, and economic prosperity. In recent years, although the banking sector has completely gone for an overhaul, the loss caused due to frauds is still rising. Fraud losses can be reduced by banks by using advanced technology and analytics. Customers should be educated about fraud prevention, laws should be applied more strictly, data analysis technologies should be used, fraud mitigation best practices should be followed, and multipoint scrutiny should be used. In 2015, the Reserve Bank of India created new methods for banks to combat loan fraud by taking proactive measures such as establishing a Central Fraud Registry and introducing notion of a Red-Flagged Account, and Indian investigative agencies will soon begin sharing their information with banks. Even though banks are not completely safe from unforeseen threats, they can be more secure. This paper critically analyzes the legal challenges that the banking institutions are facing with respect to bank frauds and the impact of technology on the fight against the menace.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

Admissibility of Dying Declaration as Evidence: The Case of Pakistan
Afrasiab Ahmed Rana

it is a well-settled principle of law that a dying man does not lie. A statement of a dying person as to the cause or transaction causing his death is dying declaration within the meaning of Article 46(1) of Qanun-e-Shahadat, 1984. A dying declaration is admissible in evidence in Pakistan, though subject to some critical test for admissibility. It is considered to be a corroborative piece of evidence, if it qualifies all the tests of credibility. This paper discusses the admissibility of dying declaration in the legal system of Pakistan and test of credibility of that dying declaration in purview of judicial dicta of superior courts of Pakistan.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

Right to Equal Pay for Equal Work: A Critical Analysis of the Plight of Women Working in the Construction Industry of India
Revati Naik

Economic empowerment of women is a means to realization of their rights and national development. In India, after agriculture, the construction sector is one of the largest contributors to economic activity and 30% of the construction workers are women. Compared to their male counterparts, women in the construction sector are often denied the right to equal pay for equal work. This discrimination is due to the interplay of various factors such as nature of work, gender stereotypes, perception about construction as a male-oriented industry and engagement of women as unorganized workers. In India, the mandate to pay parity is guaranteed by the Constitution and the Equal Remuneration Act, 1976. The enforcement of right to equal pay is hampered by various lacunae prevailing in the substantive law as well as problems faced in implementation. This paper is an attempt to understand the discrimination regarding payment of wages faced by women in the construction industry, find out the causes of it and make concrete recommendation to deal with it.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

Socioeconomic Rights: From Aspirations to Justiciable Rights
Mallika Ramachandran

Ensuring economic, social, and cultural rights is significant for a life with dignity as not only are they concerned with basic needs (among others), but also important in the effective realization of civil and political rights. In fact, as has often been reiterated, all human rights are interdependent, interrelated, and indivisible. The importance of socioeconomic rights has always been recognized, though in historical times, these were treated in terms of welfare by the state or charity by individuals. These rights were also recognized as part of the modern human rights regime established as a response to the atrocities of World War II, but were marginalized and inadequately protected thereafter. However, a number of steps taken, particularly from the mid-1980s onwards, have brought the focus again on to these rights and played a role towards bringing them in line with the protection given to civil and political rights. This paper seeks to explore the history and development of socioeconomic rights. It considers their status prior to the adoption of the Universal Declaration of Human Rights (UDHR), the position under the UDHR and International Covenant on Economic, Social and Cultural Rights (ICESCR), and the contributions of the Optional Protocol to the ICESCR. The paper touches on the status and protection of these rights in international, regional and national regimes.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50