Justice and Law Bulletin 2023-12-26T03:08:08+00:00 Apricus Journals, an imprint of Apricus E-Learning Solutions Pvt. Ltd., B- 403, Aishwaryam, Greater Noida, Uttar Pradesh- 201308, India Open Journal Systems <p>Justice and Law Bulletin (JLB) is published by Apricus Journals, an imprint of Apricus E-Learning Solutions Pvt. Ltd.. It is a tri-annual, peer-reviewed, open-access Journal published in English. Published three times a year, the Justice and Law Bulletin brings out Book Reviews, Research Papers, Review Papers, Case Studies and Short Communications by scholars, academicians and professionals. The focus and scope of the Journal corresponds to all topics related to Law, Constitution and Jurisprudence.</p> <p> </p> Legalisation of Prostitution in India: Is it a Blessing or Curse? 2023-12-26T03:08:08+00:00 Ms.Tania Sarkar <p><em>Prostitution is the act or practice of engaging in sexual activity for self-sustenance or other economic as well as social reasons. This has become an occupation in which an individual sells sex in a debauched as well as emotionally indifferent manner. It is also known as “sex work”, which has a long history in India, it was the ancient period when prostitution was started, however, the profession was not even accepted as well as permissible in Indian society. In ancient times, women were unwantedly forced to get involved in this profession by the respective people of the society even most of the time by their family members although most of the time they were not even women, they were girls before hitting the age of puberty. Prostitution is an age-old phenomenon in Indian history. This paper showcases all the obstacles as well as challenges faced by prostitutes despite demanding the legalisation of prostitution. This paper is the link between how the women who were indulged in the profession associated with cruelty, differentiation as well and manipulation became able to demand for legalisation of their profession.</em></p> 2023-12-27T00:00:00+00:00 Copyright (c) 2023 Justice and Law Bulletin Money Laundering in India: A Multi-Dimensional Advent 2023-10-27T10:11:49+00:00 Dr. Monika Jain <p><em>Mahatma Gandhi said, “Capital as such is not evil; it is its wrong use that is evil. Capital in some form or other will always be needed.” Money laundering is a worldwide crime that is committed by everyone, whether in developed or developing nations. The first discusses the history of money laundering, how it is carried out in India, and the openly employed money laundering methods there. The final of the study will discuss how money laundering has affected several industries in India, including the banking sector and many others. This study delves deeply into recent case studies involving money laundering in India. Finally, this article discusses the steps India has taken to implement the anti-money laundering regulations as well as the changes that have been made throughout. Additionally, it investigates the money-laundering methods implemented in India, such as the programs for gold mobilisation. The papers conclude with a few modest recommendations regarding the money laundering practices in India. Money laundering is the process of hiding the genuine source of funds that have been obtained through illegitimate means or criminal activity. Money obtained through illegal means is changed into money that appears to have been earned legally through the process of money laundering. </em><em>The Paper will also make an effort to shed light on how money laundering affects the economy. The Prevention of Money-Laundering Act, 2002, addresses money laundering in India.</em></p> <p><strong> </strong></p> 2023-11-24T00:00:00+00:00 Copyright (c) 2023 Justice and Law Bulletin Violation of Women Rights in Cameroon: An Analysis under Statutory and Customary Law 2023-11-20T22:39:28+00:00 Dr. Nana Charles Nguindip <p><em>Both statutory and customary law are sources of law in Cameroon and it would be wrong, or perhaps out of context to settle either for the superiority of written law because </em><em>for any case of to be admissible especially </em><em>customary law or the customary law rules most of the cases are hardly brought to court</em><em>. </em><em>The protection and treatment of persons are expected by the various statutory and customary laws of the country in ensuring the protection of women's rights. Even though both laws have provided protection for all women, customary law through its various practices continues to consider women as abandoned and frustrated commodities, and this has seriously affected the status these women represent in the society. This paper articulates that when dealing with women's rights in Cameroon, the position occupied by customary law is discriminatory as they considered women as property, and a property cannot own property. The continuous unmanageable practices carried on women's rights have created devastating damages and injuries causing statutory law to frown at these inhumane practices experienced by the women in the country and address these odds of customary law. It is therefore in this lane that we believe that women just like others when it comes to the protection of their basic rights deserve to be treated humanely as provided by the various human rights laws that Cameroon has signed and enacted, and customary law is not an exception. </em></p> 2023-11-20T00:00:00+00:00 Copyright (c) 2023 Justice and Law Bulletin EWS Reservation Case: Janhit Abhiyan Vs Union of India 2023-11-20T22:11:14+00:00 Dr. Monika Jain <p><em>A bill to create an Economically Weaker Section (EWS) quota for the social groups that did not benefit from the prior reservation was introduced in Parliament in 2019. A 10% quota was set aside for persons who may fall within the general category but are economically underprivileged after the 103rd Amendment to the Indian Constitution was approved by the Indian Parliament. This 103rd amendment added new clause 6 with an explanation to Article 15 and clause 6 to Article 16 of the Indian Constitution, providing for a maximum of ten percent reservation in educational institutions and employment for the economically disadvantaged sections of citizens other than the scheduled castes, the scheduled tribes, and the non-creamy layer of the other backward classes. The 103rd Constitutional Amendment Act was contested before the Apex Court through the filing of several writs’ petitions, SLPs, and transferred cases. The Constitution Bench of the Supreme Court confirmed the constitutional validity of the 103rd Amendment with a 3:2 split decision in four distinct rulings under the case Janhit Abhiyan V. Union of India, 2022, dated November 7, 2022. The court had to decide if the EWS reservation would go against the fundamental principles of the Indian Constitution and whether it would exceed the established Supreme Court rulings on the fifty percent cap on reservations. The Supreme Court ruled that the 10% reservation would provide the poor upper caste people the importance and recognition they deserve. These people have long yearned for assistance but have consistently been denied access to government programs because of their upper-caste status. Additionally, this reservation would be a positive step in dispelling the myth that reservations are always awarded based on caste.</em></p> <p><em> </em></p> 2023-11-20T00:00:00+00:00 Copyright (c) 2023 Justice and Law Bulletin Impact of the PWDV Act on Women of Kerala 2023-11-18T04:46:30+00:00 Dr. Anishia Jayadev <p><em>The phenomenon of domestic violence is basically rooted in the socio-cultural fabric of India. Indian society is highly patriarchal. It not only discriminates between a son and a daughter but also the former is highly preferred and the latter unwanted. Gender discrimination culminates into and is manifested in various types of violent practices within the ‘home’. Since ‘family’ and ‘home’ denote ‘private space’ where the area is free from state as well as non-state interventions, domestic violence has largely remained free from legal restraints and remains even unacknowledged as a crime. Even if there were laws, victims were hardly taking recourse to the law as women are socialized right from their childhood in patriarchal values. The domestic violence faced by the daughter, sister, mother, and girlfriends, all of this was absent, and they were denied legal protection. Furthermore, the husband and in-laws' assault had to be shown "beyond a reasonable doubt." Because the crime is done within the four walls of the house, it is incredibly difficult to obtain witnesses to support their evidence. Furthermore, complaints can only be filed after an offense has been committed. But in cases of domestic violence, the woman is living with her assaulter on whom she is emotionally dependent. </em></p> 2023-11-20T00:00:00+00:00 Copyright (c) 2023 Justice and Law Bulletin Digital Identity Scams and Super Changing Trusted Global Facial Recognition System: Privacy Security and Legal Safeguards in the Metaverse for Datafication and Social Justice 2023-09-15T17:09:36+00:00 Prof. (Dr.) Bhupinder Singh <p><em>The rapid advancement of digital technologies has led to the proliferation of digital identity scams and the emergence of sophisticated facial recognition systems in the metaverse. In the modern landscape where digital interactions and virtual realities intertwine, the rise of digital identity scams poses formidable challenges, undermining individual security and trust. Concurrently, the advancement of facial recognition technology ushers in transformative opportunities and ethical dilemmas, necessitating a comprehensive analysis of its implications. Through a multidisciplinary approach, this paper examines the multifaceted dimensions of digital identity scams and the paradigm shift in facial recognition systems. It scrutinizes the mechanisms driving digital identity scams, encompassing phishing, identity theft, and account takeovers while probing the socio-economic consequences of these breaches. Simultaneously, it explores the superlative transformation of facial recognition, investigating its accuracy, biases, and ethical considerations, particularly in the context of the metaverse. In the metaverse, where datafication and virtual existence intertwine, privacy becomes paramount. This paper highlights the potential invasion of privacy and the heightened surveillance associated with facial recognition deployment, underscoring the need for robust legal safeguards. It evaluates global privacy regulations and proposes strategies to align legal frameworks with technological advancements, emphasizing the significance of informed consent, data ownership, and biometric data protection. This study embraces the principles of social justice, illuminating the potential exacerbation of disparities in access and representation within the metaverse. It addresses the amplification of biases, discriminatory practices, and the broader societal impact of unchecked facial recognition systems, accentuating the importance of equitable technological development. This research paper aims to explore the multifaceted challenges posed by digital identity scams and the implementation of trusted facial recognition systems, focusing on privacy, security, and legal safeguards. By analyzing the implications of these technologies, the paper also investigates their impact on datafication and social justice. The study employs a multidisciplinary approach, incorporating insights from technology, law, ethics, and social sciences to provide a comprehensive understanding of the complex landscape surrounding these issues.</em></p> <p><strong> </strong></p> 2023-09-16T00:00:00+00:00 Copyright (c) 2023 Justice and Law Bulletin