Law Review

Jul'19


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
A Qualitative Analysis of Restorative Practices in Prisons for Wellbeing and Health Laws
50
The Social Impact of the Supreme Court Ruling on Adultery in India: An Analysis
50
Online Dispute Resolution – An Emerging Alternative Dispute Resolution Tool
50
Sexual Violence Against Women in Video Games: The Effect of Virtual World on the Real World
50
     
Contents : (Jul 2019)

A Qualitative Analysis of Restorative Practices in Prisons for Wellbeing and Health Laws
K S Rekh Raj Jain

Growing crime rates and escalating rates of incarceration across the globe are a great concern. Prisons represent the marginalized populations of society and though all prisons are different, they share common challenges. Prison is a unique environment that has particular challenges when it comes to promoting health, the reasons being the prison populations live in life-threatening conditions, treatment for community protection, society’s commitment to social justice, prevention from vulnerability of diseases, prison healthcare in reducing health inequalities, prioritization of health in prisons by governments, prisoners’ human rights, protection of their health and contribution to public health. There are legal, ethical, social, and public health reasons why prisoners should be given medical care. Hence, restorative practices in prisons to address health issues as public health can no longer afford to ignore prison health. Achieving sustainable improvements in wellbeing for offenders shall be on a par with healthcare services for everyone else.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

The Social Impact of the Supreme Court Ruling on Adultery in India: An Analysis
N B Chandra Kala and A Anuradha

According to Collins English Dictionary, voluntary sexual intercourse between a married man or woman and a partner other than the legal spouse is adultery. Adultery law as per Section 497 of IPC states that if a man has sexual intercourse with a married woman without her husband’s consent, he is punishable by law. The man could be imprisoned for five years or more and even pay a fine. The law allows the aggrieved husband of a married woman in adulterous relationship to file a complaint. But the same right is not available to an aggrieved wife if her husband is found to be in an adulterous relationship. The adultery law in IPC reduces a woman to an object because no consent of the married woman is required for a man to have sexual intercourse with her. As per Section 497, if the woman’s husband agrees, the act is not a crime. This is the reason many have called this as an anti-women law. This section of the IPC had remained controversial. It was challenged in courts claiming it to be against the Constitution of India. India’s top court has now ruled that adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property. This paper discusses the impact of the said ruling on the society and whether the ruling is a boon or a bane to the society in general and to the institution of marriage in particular.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

Online Dispute Resolution – An Emerging Alternative Dispute Resolution Tool
Masood Ahmad and S M Aamir Ali

Globalization has become one of the greatest stimulators in integrating economies and societies of different nations across the globe and in breaking economic barriers and envisioning the world as a market of trade. In the modern days of dispute resolution of commercial conflicts, there is a drift from litigation to arbitration. Online Dispute Resolution (ODR) refers to various Alternative Dispute Resolution (ADR) processes like arbitration, mediation and negotiation conducted with the assistance of online Information and Communication Technologies (ICTs). In India, ODR is in its infancy and is gradually developing. With the advent of Information and Technology Act, 2000, e-commerce and e-governance received formal recognition in India. Moreover, the traditional arbitration law has been reformulated, and now we have Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonized standards of United Nations Commission on International Trade Law (UNCITRAL) Model. Also, the Code of Civil Procedure, 1908 has been amended and Section 89 has been introduced, which provides ADR in India. This paper analyzes the development of ODR methods in resolving small value disputes arising out of e-commerce transactions and their importance, and the need for designing a regulatory model to realize its full potential.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

Sexual Violence Against Women in Video Games: The Effect of Virtual World on the Real World
Ahmar Afaq and Mohd Imran

Video games have replaced many traditional childhood pastimes as the leisure activity of choice. A stroll through the halls of a college dormitory demonstrates the strong presence of these games among the youth. Children are spending more time and money on electronic entertainment than ever before. In fact, video game use has steadily increased over the years. Video games are popular social artefacts with the potential to shape the behavior, attitudes and identities of players. Violent video games produce aggressive behavior and emotions. Video graphics are becoming increasingly realistic portrayals of holistic worlds. California state passed a ban on the sale of violent games and sought “to plow new legal ground by equating violent video games with pornography.” However, the Supreme Court of US by a 7-2 majority declared the law unconstitutional but hinted that the court might have ruled differently if there had been legislation banning video games containing sexual violence. The European Women’s Lobby have rightly stated that the games containing sexual violence promote a hostile attitude towards women and girls and promote harmful and discriminatory gender stereotypes. This paper investigates how gender-based violence depicted in the video games influences youngsters. The paper has also made an analysis of the content, development, dynamics and possible effect on young minds based on the video graphic content. The results show that video games, which contain explicit incitement to violence, are widely available on internet for free. As Amnesty International claims, we are in breach of the convention on the elimination of all forms of discrimination against women. Hence, states need to take steps to remove such discrimination in all its manifestations.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

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