Editorial

Abstract

Prof. Kahkashan Y. Danyal, Dean, Faulty of law, Jamia Millia Islamia, and Insha Quyoom, Research Scholar, Faculty of law, Jamia Millia Islamia, in their paper titled, “The Impact of Covid-19 Pandemic on Children’s Education: A Study of Minority Secondary Schools in Delhi” highlights the repercussions of closure of schools due to lockdowns to enforce social distancing announced by the Government as a part of government policy to contain COVID-19 that impacted health, wellbeing, economy and above all education and research. The policy planners, health experts, economists and academicians were taken off guard, both in the east as well as in the west, by the countless deaths and serious ailments. The only panacea was found in the preventive measures. These preventive measures might have contained the spread of COVID-19 to some extent but could not prevent the ill effects of these preventive measures. Studies have been conducted to understand the impact of COVID-19 on the economy so that pre-emptive measures are taken to stop the economic meltdown. However, similar robust studies based on the empirical evidence to appraise the ill effects of COVID-19 on education have not been comprehensively conducted in India. The present paper attempts to make a case study of minority secondary schools of Delhi to analyse the impact of the Covid-19 Pandemic on Children’s Education. The data for this study was collected from a representative sample of students, teachers and principals in secondary minority schools in Delhi. The paper brings out international and national laws along with judicial decisions with respect to right to education of children. The paper investigates the effects of the transition from traditional classroom settings to digital modes of education on students attending Muslim minority institutions. The authors roll out the issues and challenges students face while transitioning from an actual classroom setting to a virtual classroom delivery without prior experience or planning. Authors argue that public health issues have created an education deficit, particularly impacting students from lower socio-economic strata. The paper recommends that India must prioritise policy reform and increase investment in education to prevent students from lagging behind.

Marisport A, Assistant Professor of Law, Gujarat National Law University, Gandhinagar, Gujarat, and Gauransh Gaur, Student, Gujarat National Law University, Gandhinagar, Gujarat, in their paper captioned, “Inclusivity in Indian Judiciary: A Study of Contemporary Trends and a Way Forward” observe that the metaphorical link of justice with blindness* is in contrast to society’s ableist mindset that blind people are not suitable for discharging judicial rules. The paper explores systemic biases, accessibility issues, and the representation of differently abled persons in the justice delivery system. The paper highlights the judiciary’s role in upholding constitutional values but in contrast identified the areas where inclusivity remains a challenge, such as considering the persons with disability in judicial services. The paper advocates for structural reforms, increased diversity in appointing persons with disability in the judiciary, and measures to ensure equitable access to justice. The paper emphasizes the need for a judiciary that embodies fairness and inclusivity to uphold democratic ideals. The paper recommends accommodating visually impaired individuals on benches with assistive technologies to ensure this precious human resource is not lost in oblivion.

Prof. G. Shaber Ali, V M Salgaocar College of Law, Miramar, Panaji, Goa and Mrs. Reshma Nikhil Pai Angle, Assistant Professor, S.S. Dempo College of Commerce & Economics, Cuzira, Bambolim, Goa in their paper titled, “Evaluation and Appraisal of Enforcement of Public Interest Litigation in the State of Goa (India),” highlights the importance of PILs in general and in the state of Goa in particular. The paper incorporates an empirical study of the efficacy and functioning of the Goa Bench of Bombay High Court via-a-vis PILs. The authors collected data relating to all the PILs filed in the Goa Bench of Bombay High Court, more emphasis is laid on matters concerning the environment. The authors recommend mass awareness and the opportunity for e-filing the PIL.

Sheikh Inam Ul Mansoor, Assistant Professor of Law, School of Law, Dayananda Sagar University, Bangalore, in his paper titled, “Legal Implications of Deepfake Technology: In the Context of Manipulation, Privacy, and Identity Theft”, observes that Deepfake technology has brought forth numerous challenges to the legal, technological and societal framework in India. The author explores the multifaceted implications of deepfake technology from the perspective of protecting individual and collective rights. The paper examines the existing Indian legal framework. It suggests comprehensive regulatory reforms, including amendments to existing laws and the enactment of new regulations tailored to combat deepfake-related offences and advocates for a more proactive and collaborative approach to safeguard and protect privacy, integrity, and trust in India’s digital ecosystem amidst the evolving challenges posed by the deepfake technology.

Prof. Ishita Chatterjee, SRM School of Law, SRM University of Science and Technology, Kattankulathur, in her paper titled, “Bridging Genetic Resources, Traditional Knowledge and Innovation in the Legal Context” opines that as biotechnology continues to advance, the intersection of genetic resources, traditional knowledge, and innovation poses complex challenges and opportunities. The author advocates for harmonising innovation, traditional knowledge and genetic resources with the objective of maintaining balance between scientific progress and preservation of cultural heritage to attain sustainable development, biodiversity conservation and social equity. The paper explores the significance of genetic resources in biotechnology and the ethical considerations associated with the utilization of genetic materials. It also delves into the challenges of harmonizing genetic resources and traditional knowledge with innovation. The paper suggests strategies for creating a collaborative framework that respects the rights of Indigenous communities, encourages technology transfer and fosters responsible innovation. The author also proposes developing international guidelines and policies that harmonise genetic resources, traditional knowledge, and innovation.

Punam Ahmed, Research Scholar, Department of Law, Gauhati University, Assam, in her paper titled “Examining Indian Laws on Domestic Violence in the Context of Gender Equality”, critically analyses legislative frameworks, including the Protection of Women from Domestic Violence Act, 2005, assessing their effectiveness in addressing societal and systemic challenges. The paper highlights the interplay between legal provisions and societal attitudes, emphasizing the need for robust enforcement, awareness, and gender-sensitive interpretations. The paper underscores women’s empowerment through law but also points out gaps such as underreporting and misuse. The study advocates for comprehensive reforms and education to ensure these laws foster true gender equality and social justice.

Mohammadi Tarannum, Vice Principal, Surendranath Law College, Kolkata, in her paper titled “Cyber Crimes against Women in India: An Analysis”, argues that India has witnessed a significant rise in cybercrime against women. The paper highlights the causes and impacts of cybercrimes against women. It examines the existing Indian legal framework to combat cybercrime against women and the enforcement issues to ensure a safe digital environment for women. The paper provides a snapshot of the judicial contribution in protecting women from cybercrimes and recommends strengthening legal frameworks, judicial innovations, law enforcement reforms, collaborations with technology platforms, awareness and digital literacy, victim support mechanisms, monitoring, accountability and international cooperation. The author opines that by implementing these measures, India can make significant progress in curbing cybercrimes against women and creating a digital ecosystem that ensures security, equality and dignity for all.

Lubna Tanweer, Research Scholar, Jamia Millia Islamia, and Hassana Quadri, Assistant Professor, Amity University, Dubai, in their paper bearing title, “Resolution of Marital Discord under Muslim Law: An Appraisal in Contemporary Context”, observe that religious traditions and rituals are crucial for the formation of modern laws and the evolution of civilisation. The Authors attempt to look at and trace the origins of ADR practices under Islam, their legal sanctity under Islamic law, and their judicial recognition in India. The Authors undertake an empirical study to examine the present status of ADR practices in the Muslim Community in India. The authors find that despite clear guidance in the Holy Quran and Ahadith regarding the adaptation of reconciliation, parties have failed miserably to make an amicable settlement between them in cases of marital discord. The paper recommends that Islamic Institutions and Seminaries, with the help of the Government, must take concrete steps for mandatory amicable settlement to resolve disputes, particularly marital discord among Muslims.

Rakesh Raushan, Assistant Professor of Law, Silver Oak University, Ahmedabad, in his paper captioned “AI in Banking: Navigating the Legal Challenges and Regulatory Compliances”, delves into the legal and regulatory challenges confronting banks as they started incorporating artificial intelligence into their operations. The paper explores nuances of operational risks, cyber security and data protection vis-à-vis the use of AI in banking operations. The paper evaluates the legal intricacies with respect to the adaptation of AI in India’s banking system. The author argues that responsible AI practices are crucial to ensure alignment with societal values, human rights, fairness, and transparency. Ethical frameworks and regulations should guide AI technologies’ development, use, and impact. The author suggests collaboration between banking institutions, AI experts, regulators, and legal professionals to establish clear guidelines, standards, and legal frameworks which should address legal, ethical, and regulatory aspects to ensure successful integration of AI in the banking sector.

Partha Protim Bora, Research Scholar, ICFAI Law School, ICFAI University, Tripura, in his paper titled, “Geographical Indication (GI) Tags and Intellectual Property Rights: An Exploratory Study”, offers a thorough analysis of GI tags, their significance for market value enhancement, consumer protection, cultural heritage preservation and sustainable development. The paper highlights the GI success stories in India along with the limitations and obstacles. The paper proposes increasing public knowledge and protecting India’s wealthy, distinct culture and resources to realize the potential advantages of GI protection worldwide.

Sheikh Inam Ul Mansoor, Assistant Professor, School of Law, Dayananda Sagar University, Bengaluru, Karnataka, in his paper titled “Who will Judge the Judges? An Appraisal of Bias in the Delivery of Justice” explores the complex issues of bias in justice delivery system. The paper delves into numerous categories of biases, the reasons of such biases and their impacts on delivery of justice. The author opines that judicial independence and societal respect for the judiciary often prevents open discussions about bias and accountability of judges, however, an equilibrium must be struck between judicial independence, which remains a cornerstone of democracy, and the imperative of accountability and transparency. The paper suggests for continuous education and training programs to help judges to recognize and address their biases for attaining more impartial and equitable justice delivery system.

Jayeshkumar Shivrambhai Mali, Research Scholar, Institute of Law, Nirma University, in his paper titled, “Bank Fraud: A Study of Economic and Legal Perspectives”, observes that with the advancement of technology, bank fraud cases are growing exponentially and the COVID-19 Pandemic added fuel to it. The author argues that bank fraud is the biggest threat to the economy and is a matter of great concern for National Economic Security. The paper explores the various aspects of bank fraud and how these affect the economy and national security. The paper examines the existing Indian legal and regulatory framework for preventing bank fraud in India. The author suggests that governments, regulatory agencies, financial institutions, and the general public must work together for coordinated efforts to mitigate the risks associated with bank fraud, strengthening cybersecurity safeguards, imposing strict regulatory frameworks, and raising public awareness.

* This old symbol of justice has been now discarded by the Supreme Court very recently. The statue of Lady Justice has been redesigned to reflect a modernised version of justice in India. In the previous version, ‘Lady Justice’ was portrayed with a blindfold over her eyes. The new statue, however, has open eyes, symbolising that “justice is no longer blind”