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Continued Legal Education for Advocates: Enhancing Professional Competence and Legal Practice

thelawwaywithlawyers@gmail.com February 23, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , FEBUARY 23, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Shambhavi Kumari 3RD YEAR, BALLB HONS IILM UNIVERSITY, GURUGRAM Continued Legal Education for Advocates: Enhancing Professional Competence and Legal Practice ABSTRACT The legal profession demands a high standard of knowledge, moral behaviour, and flexibility in response to changing legal requirements and societal shifts. To preserve and improve their professional competence, advocates must participate in Continued Learning Education (CLE). This study looks at global trends, analyses current CLE practices, examines the value, difficulties, and advantages of CLE for advocates, and offers suggestions for enhancing CLE initiatives. The value of CLE is found in its ability to keep advocates up to date on ethical principles, practical skills, and new legal developments. This allows advocates to offer competent legal advice and representation. The advancement of outstanding legal education is an essential requirement for the development of better legal practitioners. The law is the guardian and protector of liberty and justice. Producing lawyers with a social conscience is the primary goal of legal education. Legal education is seen as a tool for social transformation in the modern day. The ways that CLE is presently provided vary widely; live seminars and online courses are among the distribution techniques, and CLE is necessary in many areas. Through specialization in CLE, advocates can further develop their professional skills by expanding their knowledge in particular areas. Global trends in CLE emphasize the growing emphasis on interdisciplinary learning, practical skill development, and technological integration. The incorporation of multidisciplinary and international viewpoints, cost subsidization, upholding high standards for program content, and improving accessibility through online learning choices are some suggestions for improving CLE programs. By tackling these problems, CLE programs can better assist the legal community by guaranteeing that advocates acquire updated information and useful skills, thus improving the standard of legal practice and maintaining the quality of the legal profession. INTRODUCTION CLE, or continuing legal education, is crucial to an advocate’s professional development since it keeps them competent, ethical, and productive in their job. The field of law is dynamic, marked by constantly changing laws, rules, and technological developments that require continued education beyond initial qualification. CLE programs fulfill this aim by giving legal professionals an opportunity for structured learning to update their knowledge, hone their abilities, and keep up to date on the latest trends and advances. A static body of knowledge was found to be insufficient for lifetime professional competence, and this realization led to the historical emergence of the concept of ongoing education in law. This insight resulted in the creation of CLE programs, which have become mandatory in many jurisdictions. These programs serve the different needs of the legal community by covering a wide range of issues such as revisions to substantive law, procedural changes, ethical considerations, and specialized practice areas. CLE has a major effect on the standard of legal practice. Continuously learning advocates are better able to handle complicated legal matters, give clients intelligent advice, and negotiate through the complexities of the legal system. In addition, CLE promotes a culture of professional growth and lifelong learning, both of which are essential to preserving the credibility and honesty of the legal profession. There is frequently noticeable improvement in the overall standard of legal services in jurisdictions where continuing education is required, indicating an obvious connection between professional competence and continued studies. Even with its significance, CLE has several difficulties. Some main obstacles that can prevent advocates from taking part in CLE programs are accessibility, cost, and time limits. Furthermore, there is ongoing discussion regarding the relative effectiveness of traditional lectures in person vs online courses. The legal community is researching innovative methods like personalization and interactive learning to improve engagement and information retention in light of the introduction of digital learning platforms. Furthermore, the necessity for flexible and progressive CLE programs is highlighted by the globalization of the legal profession and the quick speed of technological advancement. Studies comparing the CLE practices of various nations show a variety of methods, emphasizing the possibility of implementing best practices internationally. WHAT IS CONTINUED LEGAL EDUCATION? The term “Continuing Legal Education” (CLE) describes the required or elective courses that lawyers and other legal professionals take following their initial bar registration. These courses aim to improve legal practitioners’ knowledge of current legal trends, assist them uphold the highest standards of competence and moral behaviour in the profession, and help them grow their legal abilities. A wide range of subjects is often covered in CLE programs, including updates on substantive law, modifications to procedures, professional ethics and responsibility, and specialized fields like intellectual property, environmental law, or international law. CLE can be offered via webinars, conferences, seminars, workshops, self-study courses, and conferences. Since the introduction of digital technology, online continuing education courses have grown in popularity as a convenient and flexible option for working professionals. These programs frequently include interactive components to improve learning outcomes and engagement, like discussions and quizzes. Bar Council of India Trust organizes academic workshops for advocates under its continuing education program, which help update of knowledge and skills of practicing lawyers and promote specialization in professional services. Quite a good number of volumes of reading materials on constitutional litigation, advocacy, labor adjudication, tort litigation, administrative law and adjudication, environmental laws, etc., have been assembled to support the continuing legal education and workshops. CLE originated in the middle of the 20th century when the legal world realized how important it was for lawyers to continue their education. The American Bar Association (ABA) was an innovator in the US when it came to promoting and putting CLE programs into place. Initially, the emphasis was on enhancing the proficiency of lawyers and making sure they stayed up to date on legal advances. Program structure and content for Continuing Legal Education changed along with the legal landscape. Originally, the main method of delivering continuing education (CLE) to

ANTI-CONVERSION LAW IN INDIA- A COMPREHENSIVE OVERVIEW

thelawwaywithlawyers@gmail.com February 18, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , FEBUARY 18, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Palak sharma ANTI-CONVERSION LAW IN INDIA- A COMPREHENSIVE OVERVIEW ABSTRACT India’s anti-conversion law is a contentious topic that has an impact on societal cohesion, individual liberties, and religious freedom. The purpose of these regulations is to stop forced or fraudulent religious conversions, especially when pressure, seduction, or fraud are involved. They have, however, sparked worries about violations of religious freedom, particularly among minority populations. Stricter anti-conversion laws have been put in place by states including Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, and Odisha, which mandate that people notify authorities before changing their faith. These rules, according to critics, are frequently ambiguous and susceptible to misunderstanding, which might result in abuse and disproportionately target religious minorities. The essay offers a thorough analysis of these regulations as well as possible safeguards against abuse. Preventive and regulatory anti-conversion legislation are the two primary categories covered in the article. While regulatory laws create a framework for tracking conversions and making sure they are not affected by outside influences, preventive laws forbid conversions by coercion, fraud, or inducement. Religious freedom is protected by the Indian Constitution, and states have the authority to control conversions in certain situations. The article also looks at important court rulings that have influenced the evolution of anti-conversion legislation in India, including REV. STAINISLAUS V. STATE OF MADHYA PRADESH (1977) and THE SHAH BANO CASE (1985). These rulings underscore the continuous conflict between religious liberty and the prevention of forced conversion and stress the necessity of a fair judicial interpretation. KEYWORDS- Social harmony, Stanislaus , Judicial, Coercion, Interfaith marriages, Petitioners and respondent INTRODUCTION- In India, where social and religious forces frequently converge, religious conversion is a serious issue. In India, where social and religious forces frequently converge, religious conversion is a serious issue. In India, where social and religious forces frequently converge, religious conversion is a serious issue. Human rights, religious freedom, and social peace are the topics of discussion when it comes to anti-conversion legislation. This field of law is shaped by important cases, and implementation issues are examined. In order to overcome these obstacles, it may be necessary to ensure societal cohesion while also advancing religious freedom. UNDERSTANDING ANTI-CONVERSION LAWS Article 25 of the Indian Constitution provides everyone the freedom to practice their faith. To protect morality, public health, and order, it also imposes reasonable limitations on the use of this freedom. In order to prevent forced or unethical religious conversions and to stop people from being tricked into changing their faith by false promises of pecuniary gains, anti-conversion laws are an essential component of the Indian Constitution. Orissa’s 1967 “Orissa Freedom of Religion Act,” which was later adopted by Madhya Pradesh, Gujarat, Chhattisgarh, and Uttar Pradesh, sought to stop forced and fraudulent conversions, especially against women, lower castes, and tribal communities, especially in the state of Odisha. KEY FEATURES OF ANTI-CONVERSION LAWS : The purpose of the Anti-Conversion Law is to: Prevent Coercion: Prevents forced conversions under duress, such as threats, assault, or extortion. • Prevents conversions based on false promises, such as marriage, money, or jobs. • Maintain Religious Integrity: Makes sure that no coercion or incentive is used to force conversions. Preserve Social Harmony: Avoids conversions that can cause conflict within the community. • Protect Minorities’ Rights: Prevents dominant groups from influencing or coercing religious minorities. TYPES OF ANTI-CONVERSION LAWS IN INDIA: India’s Anti-Conversion Laws- • Prohibition of Forced Conversion: Generally speaking, laws forbid conversions brought about by coercion, deception, or seduction. • Required Prior Intimation: In many states, people are required to notify local authorities beforehand. Violation Penalties: Infractions may be punished with fines, jail time, or both. • Regulation of Conversions by Religious Institutions: According to certain rules, religious institutions must record conversions. MAJOR ANTI-CONVERSION LAWS IN INDIA Overview of Indian Laws Regarding Religious Conversion: Orissa Freedom of Religion Act, 1967: Prohibits coercion, deception, or seduction; regulates religious conversions; and mandates notice to authorities. The Madhya Pradesh Freedom of Religion Act, 1968, forbids conversions by pressure or seduction, much like Orissa. • Himachal Pradesh Freedom of Religion Act, 2006: This law attempts to prevent coerced or fraudulent conversions by requiring prior notification to the district magistrate. • Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020: This contentious law forbids conversion by force, enticement, or compulsion and requires authorities to be notified in advance. LANDMARK CASES OPN ANTI-CONVERSION LAWS Important Cases Concerning India’s Anti-Conversion Laws: REV. STAINISLAUS V. STATE OF MADHYA PRADESH(1977) The seminal case of Rev. Stainislaus v. State of Madhya Pradesh (1977) examined the legality of anti-conversion legislation in Orissa and Madhya Pradesh. • The petitioners said that these measures infringed against Article 25 of the Constitution, which guarantees religious freedom. • The Supreme Court maintained the regulations, ruling that the government had the right to control religious conversions for reasons of morality, public health, and order. The Court also emphasized that there are legitimate limitations on the freedom to practice one’s faith. GOVERNMENT OF UTTAR PRADESH V. LALITA KUMARI (2013): The Supreme Court discusses how state authorities handle complaints about forced conversion. • The court requires that any claims of forced conversion be looked into right away. • Supports the implementation of preventative measures to avoid similar situations. • Draws attention to the necessity of correctly implementing conversion legislation. • Stresses the need to avoid forced or phony religious conversions. THE SHAH BANO CASE (1985) Discusses religious freedom above personal laws; Brings up issues about state regulation of interfaith weddings and conversions; • A Muslim lady asks her ex-husband for maintenance. THE KARNATAKA ASSEMBLY PASSED THE KARNATAKA RELIGIOUS FREEDOM BILL (2021). Started a discussion on the implications for individual rights and legality. • Petitioners challenged Bill sections, including the requirement for prior notification, before the Karnataka High Court. • The case is anticipated to have a major influence on India’s future

thelawwaywithlawyers@gmail.com February 13, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , FEBUARY 13, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :– Ashoka Naika B.G EMERGENCY ARBITRATION IN INDIA: AN EMERGING TOOL FOR INTERIM JUSTICE CHALLENGES AND OPPORTUNITIES IN THE INDIAN ARBITRATION ECOSYSTEM ABSTRACT The Emergency arbitration has begun as a crucial instrument for securing short-term assistance before the constitution of an arbitral tribunal. In India, while institutional rules increasingly recognize emergency arbitration, the legal framework under the Arbitration and Conciliation Act, 1996 remains silent on its enforceability. Indian courts, notably the Highest Court in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd., have upheld the enforceability of emergency arbitrator commands under Section 17(2) of the Act, marking significant judicial acceptance of this tool. Institutional arbitration centres such as DIAC, MCIA, and ICADR have incorporated emergency arbitration provisions, facilitating expedited relief to preserve parties’ rights and status quo pending full arbitration. The important advantages of emergency arbitration include speediness, confidentiality, and competence, allowing parties to acquire interim measures like injunctions or asset freezes within days, thus minimizing harm and preserving evidence. However, challenges remain, including the lack of explicit statutory recognition, ambiguity regarding the nature and enforceability of emergency arbitrator orders, and procedural uncertainties in the appointment and independence of emergency arbitrators. Additionally, the broader Indian arbitration ecosystem faces hurdles such as judicial overreach, limited diversity and training of arbitrators, and infrastructural deficiencies, which may impact the optimal utilization of emergency arbitration. Despite these challenges, emergency arbitration represents a promising development in India’s arbitration landscape, offering a vital tool for interim justice that complements existing arbitration and court-based remedies. Its evolution presents opportunities to support India’s position as a global arbitration centre by enhancing procedural efficiency, reducing delays, and providing parties with effective access to urgent relief within the arbitration process. Continued legislative clarity, institutional support, and capacity building are essential to fully realize the potential of emergency arbitration in India. this article examines the development and current status of emergency arbitration in India. Key words: Emergency arbitration, tribunal, speed, confidentiality, efficiency. __________________________________________________________________________ Introduction The Emergency Arbitration (EA) has quickly emerged as a fundamental mechanism in the global landscape of commercial dispute resolution, proposing parties a swift and effective route to secure urgent interim relief before the constitution of a formal arbitral tribunal. While leading international arbitral institutions such as the Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), and London Court of International Arbitration (LCIA) have institutionalized EA within their frameworks, India’s journey with emergency arbitration reflects both significant progress and persistent challenges. In India, the demand for expedited interim measures has grown alongside the country’s ambition to become a leading arbitration hub. Indian arbitral institutions-including the Mumbai Centre for International Arbitration (MCIA) and Delhi International Arbitration Centre (DIAC)-have incorporated emergency arbitration provisions into their rules, enabling parties to seek urgent remedies in time-sensitive disputes. However, the absence of explicit statutory recognition for EA in the Arbitration and Conciliation Act, 1996, continues to create legal ambiguities, particularly regarding the enforceability of emergency awards and the treatment of foreign-seated emergency arbitration decisions. Despite these uncertainties, Indian courts have taken notable steps to support the enforceability of emergency arbitrator orders, as seen in landmark judgments such as Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. These judicial developments signal a growing acceptance of EA as a tool for interim justice, even as legislative reforms lag behind. This article examines the evolution of emergency arbitration in India, analysing its role as an emerging tool for interim justice, the challenges it faces within the Indian arbitration ecosystem, and the opportunities it presents for strengthening India’s position as an arbitration-friendly jurisdiction. Concept and Evolution of Emergency Arbitration The Emergency arbitration is a procedural mechanism that allows a party involved in an arbitration dispute to pursue urgent temporary relief before a formal arbitral tribunal is constituted. This mechanism is considered to address situations where waiting for the full tribunal to be formed would cause irreparable harm or immediate danger to the party’s rights or property. Emergency arbitration is a modern procedural innovation in international arbitration that delivers parties with a rapid mechanism to obtain urgent temporary relief before the constitution of the arbitral tribunal. Originating with the ICC in 1990, it has evolved into a widely accepted feature of arbitration rules worldwide, with major institutions adopting and refining the mechanism. While it enhances the efficiency and effectiveness of arbitration by bridging the gap before the tribunal’s formation, its recognition and enforceability vary by jurisdiction, with India still working towards clearer statutory acceptance. Concept of Emergency Arbitration Purpose: EA provides a quick, pre-arbitral remedy to preserve the status quo, prevent dissipation of assets, or stop actions such as breaches of confidentiality, which require immediate intervention. Procedure: Typically, a individual emergency arbitrator is appointed on an expedited basis by the relevant arbitral institution upon request by a party. The emergency arbitrator has the power to grant interim measures, set procedural rules for the emergency proceedings, and issue orders that have temporary effect until the main tribunal is constituted. Scope and Limitations: Emergency arbitrators can grant interim relief only for a limited period and do not have the power to decide the merits of the dispute. Their decisions are provisional and meant to bridge the gap until the full tribunal takes over. Relation with Courts: Parties may still resort to courts for interim relief, especially since emergency arbitration orders may require enforcement by courts in different jurisdictions. The emergency arbitration mechanism aims to reduce reliance on courts and avoid inconsistent orders from multiple courts. Evolution of Emergency Arbitration Origins: The concept first emerged in the early 1990s, with the International Chamber of Commerce (ICC) introducing a rudimentary emergency arbitration mechanism in 1990. It was primarily an optional procedure allowing parties to seek urgent relief before the composition of the arbitral tribunal. Institutional Adoption: Following the ICC’s lead, many most important arbitral institutions incorporated emergency arbitration provisions into their rules over the next two decades. These include the Singapore International Arbitration Centre

Concept of Community Service as Punishment under BNS, 2023- a boon or bane?

thelawwaywithlawyers@gmail.com February 10, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , FEBUARY 10, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Shivani Johri Assistant Professor, Jamia Hamdard University, Delhi Concept of Community Service as Punishment under BNS, 2023- a boon or bane? ABSTRACT Community service is a form of punishment that requires offenders to perform unpaid work for the benefit of the community as part of their sentence. Community Service as a form of punishment has been introduced for the first time under the Bharatiya Nyaya Sanhita, 2023 (BNS). This represents a shift towards restorative justice, emphasizing rehabilitation and reintegration of offenders into society rather than purely punitive measures. Offenders involved in minor offences can avoid traditional punishment by performing community service. KEYWORDS-Rehabilitation, reintegration, Community service, restorative justice. INTRODUCTION Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community contributing to a noble cause. Community service might seem like a new concept for us, but it has been lurking in the shadows, especially within the Juvenile Justice (JJ) Act. A recent example is the Pune Porsche accident, where the judge sentenced the offender to community service. Despite such precedents, the broader community service application remains to be seen. This article aims to analyze the potential of community service to address issues like prison overcrowding, rehabilitation of offenders, and its overall fit within the Indian judicial system. Community service as a punishment has been widely adopted in Western legal systems. Countries like the United States, the United Kingdom, and several European nations have successfully integrated community service into their sentencing frameworks. These systems have demonstrated that community service can be an effective alternative to incarceration, especially for non-violent offenders. In the United States, community service is often used for minor offences, allowing offenders to contribute positively to society while avoiding the negative impacts of imprisonment. Programs are typically well-structured, with clear guidelines and monitoring mechanisms to ensure compliance. Similarly, community service orders are a standard sentencing option in the United Kingdom, often combined with other forms of rehabilitation such as counseling or vocational training. BACKGROUND (Community) service is a non-paying job performed by one person or a group of people for the benefit of their community or its institutions. Community service is distinct from volunteering, since it is not always performed on a voluntary basis and may be performed for a variety of reasons, including: Required by a government as a part of citizenship requirements, like the mandatory “Hand and hitch-up services” for some municipalities in Austria and Germany, or generally in lieu of military service (see: Zivildienst and Alternative civilian service) or for civil conscription services. Required as a substitution of, or in addition to, other criminal justice sanctions – when performed for this reason it may also be referred to as community payback or compensatory service. Mandated by schools to meet the requirements of a class, such as in the case of service-learning or to meet the requirements of graduating as class valedictorian. As an workfare obligation, as condition of the receipt of social and financial benefits, see Workfare in the United Kingdom In Sweden it is a suspended sentence called “samhällstjänst” (“society service”). OBJECTIVE OF COMMUNITY SERVICE– Community service is designed to: Hold offenders accountable for their offensive acts. Provide a means for offenders to contribute to society. Reduce the burden on the prison system. Promote the rehabilitation and reintegration of offenders Eligibility for Community Service Minor Offences Community service is typically reserved for minor offences, non-violent crimes, and first-time offenders. This ensures that the punishment is proportionate to the crime. Judicial Discretion Judges have the discretion to impose community service based on the nature of the offence, the circumstances of the case, and the background of the offender. Duration and Nature of Service Specified hours The court determines the number of hours of community service based on the severity of the offence. Nature of service The nature of the community service work is decided in a way that it benefits the community and is suitable for the offender’s abilities. Examples include cleaning public spaces, working with non-profit organizations, or assisting in community development projects. Provisions under BNS providing Punishment of Community Service Section 4(f) of the BNS formally introduces community service as a form of punishment in India. This legislative change aims to provide an alternative to traditional forms of punishment, addressing issues like prison overcrowding and promoting the rehabilitation of offenders. However, the success of this initiative depends on the precise definition and implementation of community service. Community service is a non-custodial restorative justice approach aiming to reintegrate offenders into society. Community service has not been defined in the BNS and the nature of community service to be performed by the accused person will be decided by the Magistrate. Explanation to Section 23 of the BNSS defines Community Service as work ordered by the Court as punishment that benefits the community, with no remuneration paid to the convict performing it. The BNS has introduced community service in addition to imprisonment or fine as a form of punishment for the following six offences: Section 202: Public servant unlawfully engaging in trade Section 209: Non-appearance in response to a proclamation under section 84 of BNSS, 2023 Section 226: Attempt to commit suicide to compel or restrain exercise of lawful power Section 303(2) proviso: Theft where the value of the stolen property is less than five thousand rupees and a person is convicted for the first time and returns or restores the value of property. Section 355: Misconduct in public by a drunken person. Section 356(2): Defamation . Under BNSS, community service is now an option for minor offenses such as petty thefts, public nuisance, and false defamation complaints. Offenders involved in thefts of property valued under Rs 5,000 can avoid traditional punishments by returning the stolen goods and performing community service. Judgments in which Courts Directed the Accused to Render Community Service Parvez Jilani Shaikh v. State of Maharashtra (2015): The Court directed the accused to render community service at B.A.R.C Hospital. Sunita

SAME-SEX MARRIAGE IN INDIA: THE CONTADICTORY OUTCOMES AND THE LEGAL STRUGGLES

thelawwaywithlawyers@gmail.com February 3, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , FEBUARY 3, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Bhoomika Anand SAME-SEX MARRIAGE IN INDIA: THE CONTADICTORY OUTCOMES AND THE LEGAL STRUGGLES ABSTRACT Marriage is a formal relationship between two people that is recognised by the law which substantially establishes rights and obligations towards each other. Civil union is similar to a marriage which provides recognition under law for the same sex couples. Legalizing civil union grants LGBTQ+ individual’s equal rights and recognition under the law, legal benefits and protections, promoting social equality, reducing discrimination, and positive impact on their mental health and well-being. On the other hand, marriage is considered to be sacrament rather than a contract where its elemental purpose is procreation which is not possible in the same sex marriage. legalising civil union will trigger societal instability and is contrary to Indian ideals and cultural norms. Based on the facts outlined above the paper shall be analysis of the contradictory outcomes whether there is necessary of legalising same sex marriage in India. The paper shall also deal with the recent developments of the same sex marriage via the case decided by the supreme court of India. Key words: Marriage, civil union, LGBTQ+, legalising, same sex marriage, homosexual couples Introduction Same sex marriage refers to the marriage between two individuals of the same sex. This generally takes place in the LGBTQ community. The term LGBTQ evolved to represent the inclusive society. In the early 1990s activists began to use the term LGBT. Later in 2010s LGBTQ was adopted to recognise the diversity of sexual and gender identities. “LGBTQ” is a contraction for lesbian, gay, bisexual, transgender, and queer. there is no decisive definition for the term hence it is used with the acronym LGBTQ. the + in the “LGBTQIA+” stands for all the other identities that are not included in the acronym. The LGBTQ+ community is internationally represented via symbols of “the pink triangle” and “the rainbow flag”. The LGBTQ community has come across a long way against the discrimination, legal restrictions, identification, equal rights etc. the British Indian government enacted IPC (Indian penal code) to address the chaos and confusion in the criminal justice system of India in 1860. Section 377 of IPC criminalised “unnatural sex” which states whoever voluntarily has carnal intercourse against the order of nature with any man, women or animal shall be punished with life imprisonment or for a term extended to ten years. IPC, in its present form, Later in 2018 via landmark case “Navatej johar vs. union of India” supreme court of India without opposition ruled that section 377 which was criminalised homosexual acts between adults was unconstitutional. As sexual orientation is an essential and innate facet of privacy, the right to privacy takes within its sweep the right of every individual including that of the LGBT to express their choices in terms of sexual inclination without the fear of persecution or criminal prosecution. Supreme court of India effectively decriminalized same-sex relationships by upholding the rights to privacy, equality, and dignity under the Constitution. why same sex marriage has become a topic of debate? same sex marriage is a subject of heated argument across the world. India is a land of cultural diversity. Legalising same sex marriage in a country where the traditions and religious beliefs, customs and culture is respected is strenuous. The lawmakers must take into consideration of religious and cultural belief if not it will surely trigger the societal instability. which has increased the pressure of law makers and the courts as well. Though there are precedents and advancement regarding same sex marriage the issue keeps on evolving which is definitely a pressure for the lawmakers and court to decide the cases. Legal status in India India currently does not recognise the same sex marriage. Yet there are developments where the court decriminalised section 377 and recognised the rights of queer couples which is a significant victory to the LGBTQ community. But it is important to note that still there are no laws governing and protecting the rights of homosexual couples. The legal recognition of homosexual couples marriage remain absent. Same sex marriage in ancient period Hinduism and religion were not against transgender. In Vedic society third gender citizens were neither persecuted nor denied their basic right like modern Indian society. It is important to note that a temple in Madhya Pradesh “khajuraho temple” depict explicit sexual act between both men and women which is an evidence of acceptance of homosexuality in that period. In Ramayana, it is said that after visiting Sita in Lanka, Hanuman sees rakshasa women kissing and embracing each other. The Kamasutra is an ancient Sanskrit text that describes homosexual practises, but it does not advocate homosexuality. On the other hand, it is important to note the interpretations of ancient society and mythology as well. It is said that in “Mathsya purana” during the churning milky ocean or “samudhra manthana” lord Vishnu took mohini avatar (a delusion of lord Vishnu) lord Shiva was attracted by the mohini’s beauty and resulted in birth to lord ayyappa. Here it is important to note that Shiva was attracted to mohini the female form of Vishnu and it cannot be considered as same sex union. Manusmriti or manava dharmashasthra does not support civil union. It predominantly focuses on traditional marriage as a means of procreation. It prescribes social and sexual relations under the umbrella of heterosexual monogamous union. In mythology, depicts two characters under third gender Shikandi and Arjuna. Shikhandi undergoes a gender change, born as a female named Amba, but later transforming into a male warrior named Shikhandi through a boon from Yaksha allowing her to fight and ultimately defeat Bhishma in battle exploiting his vow not to fight a woman. Arjuna was cursed by an Apsara named Urvashi after he rejected her advances causing him to live as women for an exile period. Later upon Indra’s

EXPLORING THE NATURE AND DIVERSE FORM OF MAERRIAGE UNDER MUSLIM LAW: A COMPREHANCIVE ANANLYSIS

thelawwaywithlawyers@gmail.com January 28, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 28, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- NANDANI KUMARI EXPLORING THE NATURE AND DIVERSE FORM OF MAERRIAGE UNDER MUSLIM LAW: A COMPREHANCIVE ANANLYSIS ABSTRACT In Islam, marriage is viewed as a sacred bond established by Allah, playing a pivotal role in shaping family and social dynamics. This paper offers a detailed analysis of the regulations governing marriage within Islam, drawing on primary Islamic texts, including the Quran, Hadith, and scholarly interpretations. Key topics discussed include the marriage contract (Nikah), the essential requirement of mutual consent, considerations of compatibility between spouses, the role of the dowry (Mahr), the rights and obligations of both partners, the concepts of monogamy and polygamy, the procedures and conditions for divorce, the importance of family support, and the promotion of mutual respect and kindness in marriage. The aim of this research is to provide a comprehensive understanding of Islamic marriage, illustrating how adherence to these principles helps build strong, harmonious, and fulfilling relationships rooted in faith and respect. The study also emphasizes the importance of seeking divine guidance (Istikhara) when considering marriage, as well as the values of fairness, compassion, and mutual understanding. Ultimately, this paper seeks to enhance the understanding of Islamic marriage and its ongoing significance in modern society, underlining its role in promoting emotional, social, and spiritual well-being. Keywords: Marriage in Islam, Nikah, Mahr (Dowry), Consent, Compatibility, Rights and Responsibilities, Monogamy, Polygamy, Divorce in Islam, Family Support, Mutual Respect, Seeking Guidance, Quran, Hadith, Islamic Marital Laws. 1 1.1 INTRODUCTION Under Muslim law Islamic marriage is an institution sanctioned by religious and legal principles, facilitating the union between a man and a woman for purposes including procreation, mutual support, and the formation of families, which are integral to societal structure. Contrary to Hindu beliefs, Islam views marriage not merely as a civil contract but as a sacred sacrament, with many scholars considering it a religious duty. In Islam, marriage is perceived as a pathway to fulfilling the desire for lawful progeny. Islamic jurisprudence draws from a variety of sources, both codified and non-codified, such as the Quran, Ijma (consensus), Qiyas (analogical reasoning), customs, urf (local customs), precedents, and principles of equity. Among the Sunni sects, including Hanafi, Hanbali, Maliki, and Shafi’i, there exists recognition of each other’s legitimacy, fostering centuries-long legal discourse and interaction. In India, the Hanafi school of Islamic law holds prominence, influencing legal interpretations and practices regarding marriage and other aspects of Islamic jurisprudence. 2 1.2. RESEARCH OBJECTIVE To comprehensively analyses the nature and different forms of marriage according to Islamic law, focusing on understanding its legal, cultural and social dimensions. The purpose of the study is specifically: To study the basic principles governing marriage in Islamic law, to study its religious meaning and legal framework. Investigate the differences in marriage practices in different Muslim communities and regions, taking into account cultural traditions, customs and historical influences. 3. Assess the role of gender dynamics and the rights and responsibilities of spouses in Islamic marriages, including aspects of equality, consent and family responsibilities 4. Assess the impact of modernization, globalization and socio-economic factors on contemporary Muslim marriage practices by analyzing changes in attitudes, norms and legal reforms. Explore the challenges and debates surrounding issues such as polygamy, divorce and dissolution of marriage in the context of Islamic law and contemporary societies. 6. Identify the intersections between Islamic marital law and civil legal systems in multicultural societies by examining the convergence and divergence of legal frameworks and practices. Consult Islamic scholars, legal experts and religious authorities on the interpretation and application of marriage laws and their impact on individual rights and freedoms. 8. Make recommendations to address emerging issues and promote the harmonious coexistence of Islamic marriage practices and the broader legal framework in diverse cultural contexts. To achieve these goals, the study aims to provide a comprehensive understanding of the complexities and nuances of Islamic marriage. modern law to advance its Islamic scholarly debate, legal reform and social dialogue on an important aspect of jurisprudence and social life. 3 1.3. RESEARCH QUESTIONS. What are the most important principles and legal framework governing marriage in Islamic law and how do they differ from different schools of Islam? 2. How do cultural traditions, customs and historical influences shape different forms of marriage in Muslim communities around the world? What are the roles and rights of spouses in Islamic marriages and how do gender dynamics affect these roles in different cultural and legal contexts? 4 1.4. RESEARCH METHOLOGY In conducting a comprehensive analysis of the nature and various forms of marriage in Islamic law, a multifaceted research methodology is used. A comprehensive literature review is conducted to examine scholarly articles, legal texts, and historical sources to understand the basic principles and development of Islamic marriage practice. This provides a solid theoretical framework for the study. In addition, case studies from different regions and communities are analyses to explore the nuances of Islamic wedding practices and traditions. Surveys and interviews are used to gather empirical data and insights from individuals in Muslim communities that include diverse perspectives on marital dynamics, preferences, and experiences. Legal analysis involves reviewing relevant legal documents, cases and statutes to understand the legal framework governing marriage under Islamic law. Comparative analysis is used to contextualize Islamic marriage practices within broader social and cultural norms. Ethnographic research methods involve immersing oneself in specific Muslim communities, observing wedding ceremonies, and interacting with community members to gain first-hand knowledge of their wedding customs and rituals. Finally, a quantitative analysis of the survey data is conducted to identify trends and patterns related to marriage preferences and attitudes in Muslim communities. Ethical considerations are paramount during the research process, including obtaining informed consent from participants, ensuring confidentiality and respecting cultural sensitivities and religious beliefs. This comprehensive research methodology aims to provide a nuanced understanding of the complexities of marriage in Islamic law, taking into

DOWRY LAWS AROUND THE WORLD: ARE THEY EFFECTIVE?

thelawwaywithlawyers@gmail.com January 24, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 24, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Om Pandey Techno India University DOWRY LAWS AROUND THE WORLD: ARE THEY EFFECTIVE? ABSTRACT Dowry practices refer to socio-cultural traditions where the bride’s family gives money, goods, or real estate to the husband’s family on marriage. Initially, paying a dowry was meant to provide for the bride. However, with time, such practices gave rise to harsh repercussions both socially and economically. In many regions, for example South Asia, the demands for dowry have increased tremendously, which has caused financial difficulties and domestic abuse, as well as deaths related to dowry. There are legal provisions in different nations, for instance India’s Dowry Prohibition Act of 1961, intended to stop these practices, but enforcement is difficult because of entrenched customs and societal standards. It is contended that dowry continues to exist, albeit in surreptitious form, and is disguised as gifts during wedding ceremonies or disguised as benevolence. While more educated, employed women do tend to mitigate dowry issues, it still persists in some communities. Solving dowry problems necessitate a comprehensive strategy including laws, education, and socio-economic change. This article focuses on the historical roots and socio legal analysis and implication of the dowry system while offering solutions to ensure continual monitoring and formulation of policies to combat this problem. KEYWORDS: Dowry, Domestic abuse, Societal Standards, Legal Provisions INTRODUCTION Dowry refers to a social custom whereby the family of the bride gives money or in in form of goods or property to the groom and his family as a form of securing a marriage. It is a well established practice from ancient times in different communities of the world for the purpose of safeguarding a woman’s economic well-being in case of separation. Nevertheless, dowry has become a contentious issue, particularly in societies where it has resulted in financial difficulties, gender bias, and violence against women. Countries such as India, Pakistan, Bangladesh and some regions of Africa and the Middle Eastern countries practice dowry. Although dowry was originally intended as an optional love gift from the bride’s family, in many societies it has now become an obligatory burdening expectation to the bride’s family. In extreme cases, failure to meet dowry expectations has resulted in cases of stalking, domestic violence, and even deaths associated with dowry. Even with dowry laws in place in many countries, it is still practiced due to deeply ingrained customs and social practices. Various governments and charity groups are trying to eliminate the practice of dowry by enacting legal provisions, awareness programs, and women empowerment schemes. Combatting dowry is not purely a legal matter, but encompasses efforts that deal with transforming societal norms. For removing the practice of dowry, the participation of the entire community is imperative. CONCEPT OF DOWRY IN INDIA’S SCRIPTURE PURANA: The Indian dowry system has its history rooted in ancient texts like Puranas, which detail the socio-economic and dental practices of the era. In ancient Indian society, dowry was not a demand, but a gift (stri-dhana) given to a bride by the family, providing her with some financial independence within her marital home. The Puranas, Manusmriti, and Vedas provide information regarding the evolution of Stri-dhana. Marriages in Hindu mythology and Puranic lore detailed various forms of marriages, one of them being Brahma Vivah, where a father willingly married his daughter, gifting her wealth, jewellery, or even land. This was viewed as a gesture of benevolence instead of force. The Bhagavata Purana offers accounts of the marriage of Gods and Kings, where gifts were exchanged and often served symbolic purposes, relying on the groom’s worth instead of demand-based motives. The meaning of dowry has changed with time. Later Puranic tales showcase examples where wealth during marriage was expected. For instance, in the Mahabharata (not a purana, but is considered as one), Draupadi’s Swayam Vara ceremony was held with underlying wealth expectations. By the time of the Middle Ages, dowry was a stricter tradition based on social stratification and caste system, and in most cases, became exploitative. Although marriage is stressed by the Puranas as moral and ethical, with subsequent interpretation and social development, dowry turned into a duty and not a voluntary donation. Therefore, although the Puranas did not encourage dowry in its contemporary coercive structure, they were a product of an era where transfer of property was traditional in marriage, which later influenced subsequent dowry practices within India. VIOLATION OF HUMAN RIGHTS CAUSED BY DOWRY AND ITS REMEDIES The practice of dowry, as part of marriage, is a practice that creates serious concern in the social realm and infringes on humanitarian laws in different ways particularly against women. During a marriage, the bride’s family is obligated to give money, property or presents to the groom’s family. It is outlawed in most nations, yet it still exists and gives rise to inequality, violence, and misdeeds in different societies. DOWRY RELATED VIOLANCE: Violence and Abuse: Women not only suffer from domestic violence but also harassment and murder in cases where their dowry is deemed unsatisfactory. Violence caused by dowry includes physical, emotional and psychological abuse too. Gender Discrimination: It reinforces the belief that women are economic encumbrances. This practice does not only violate the right to equality but also one’s dignity. Loss of Life and Safety: Death due to dowry, where women are killed or coerced into suicide, is part of reality. Economic Exploitation: The poor families of brides are placed under enormous financial strain, which often leads them into debt and poverty. Denial of Freedom and Rights: Numerous women are kept in abusive marriages with no hope to get a divorce or an education or job due to the dowry system. SOLUTIONS TO ERADICATE DOWRY: Strict Legal Enforcement: Governments ought to enforce anti-dowry laws, along with the Dowry Prohibition Act, with severe penalties for violators. Education and Awareness: Educating groups, specially ladies, approximately their rights can assist exchange societal attitudes.

ANALYSIS OF TRANSGENDER RIGHTS IN INDIA

thelawwaywithlawyers@gmail.com January 17, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 17, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Rakshitha. Vs CO AUTHORED BY:- Nithya. K CO AUTHORED BY :- SHREYA SAMPOORNA ANALYSIS OF TRANSGENDER RIGHTS IN INDIA ABSTRACT: This paper provides a deep examination of the challenges faced by the transgender individuals in India. Our Indian constitutions guarantees equality and justice to the transgender. They face the significant barriers, like discrimination, social problem and lack of access to education and employment. This paper also analysis the historical and cultural aspects of transgender rights in India and also the legal framework for transgender in India. Social stigma, discrimination, boycott from the society and family, absence of supportive family, abusive environment, disowning from families and parents, no medium for education, depression amongst transgenders, no housing facilities, harassment by police and they ultimately resort to begging and sex work. This article will examine the social and economic obstacles that transgender individuals in India experience, such as societal rejection, discrimination, and limited access to jobs and education. This paper highlights the fact that transgender persons are not getting an education because they drop out of school or college due to discrimination. KEYWORDS: Equality, Justice, Discrimination, Education, Employment, Social stigma. INTRODUCTION: Our society has traditionally only acknowledged two genders—male and female—the term “transgender” still causes confusion in the minds of Indians. Asking someone on the street what a transgender person is may make them chuckle and use local terms like “Hijras or Kinner,” among others. But in truth, who is aware of what a transgender person is? They are similar to our friends, neighbours, students, and co workers. Transgender people are people who earlier recognize themselves as of one gender but later on identify themselves as of other gender. Articles 14 and 21 employ the term “person,” whereas Articles 15, 16, and 19 use the word “citizen,” indicating a gender-neutral approach to justice. The fact that no data on transgender people was obtained before to Census 2011 plainly demonstrates the amount of discrimination. Thus, according to the 2011 Census, there are 4,87,803 transgender people in India, with a literacy rate of only 56.07%, compared to 74% for the overall population. According to the National Human Rights Commission Report (2018), 99% of transgender people endure repeated social rejection. 57% of this community wants to go for a sex reassignment surgery but can’t due to lack of money. Enrolling transgender people in the electoral roll requires them to submit a legal document from the oath commissioner attesting to their qualifications, publish this information in a minimum of two newspapers, and have their parents or guardians sign the legal documents. While the election commission is hard to cover all the eligible voters, they have made it more difficult for the transgenders to get a voter card. TIMELINE FOR TRANSGENDER RIGHTS IN INDIA: Mughal Empire – Transgenders held important positions as guardians and advisors. – They were trusted, clever, and loyal. British Period (1858-1947) – Protection and benefits provided by Indian States were stripped away. – British authorities confiscated lands and stigmatized transgenders as criminals. – The Criminal Tribes Act, 1871, Labelled hijras as inborn criminals. Modern Period (Post-Independence) – Transgenders now enjoy better social status and government benefits. – Entitled to voting rights, census inclusion, and citizenship identity cards. – Supreme Court recognized transgenders as the third gender in NLSA v. UOI case. – Government schemes like MGNREGA provide employment opportunities. In recent years, the transgender community in India has witnessed significant improvements in their social status and government benefits. The Supreme Court’s landmark judgment in the National Legal Services Authority (NALSA) v. Union of India case (2014) recognized transgenders as the third gender, entitling them to all constitutional and legal rights. This ruling paved the way for increased inclusivity and acceptance. The government has introduced various welfare schemes to support the transgender community. The 11th Five-Year Plan launched the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme, providing employment opportunities for transgenders. Additionally, transgenders are now entitled to voting rights, inclusion in the general census, and issuance of citizenship identity cards. Despite these advancements, the transgender community continues to face significant challenges, including social stigma, discrimination, and violence. Efforts to address these issues and ensure the effective implementation of existing laws and policies are essential to promoting the well-being and empowerment of transgender individuals in India. HISTORICAL JUDGEMENT: NATIONAL LEGAL SERVICE AUTHORITIES (NALSA) VS UNION OF INDIA AND OTHERS1 The judgement have legal and constitutional protection to the eunuchs in the form of third gender and reiterated that non- recognition of their gender identity will violet article 14 and 21 of the Indian Constitution. NALSA which was constituted under the legal authority act, 1997 to provide free legal services to the marginalised sections of the society along with Pujya Mata Nasib Kaur Ji Women Welfare Society came forward for this cause. During case hearing reference was made to Ramayana and Mahabharata too. Reference from Ramayana: Everyone in Ayodhya cried and decided to follow Lord Rama, Mata Sita, and brother Lakshman when they were summoned to live in exile for 14 years. Among them were they too. And it was impressed by this act, Lord Rama blessed then that they will have the power to confer blessings on the day of childbirth and marriage or other inaugural functions. Reference from Mahabharata: According to the Mahabharata, Aravan, the son of Arjuna and Nagakanya, proposes to be sacrificed to Goddess Kali in order to guarantee the Pandavas’ victory in the Kurukshetra battle; the only requirement is that he spend his final night in wedlock. Since no lady would marry someone who was destined to die, 1 CLPR Transgender Law and Policy Database, CENTRE FOR LAW AND POLICY RESEARCH, https://translaw.clpr.org.in/ (last visited Jan. 31, 2025). Krishna takes the form of Mohini, a stunning woman, and weds him. The Hijras of Tamil Nadu refer to themselves as Aravanis and believe

A CRITICAL ANALYSIS OF SURROGACY (REGULATION) ACT, 2021: KEY PROVISIONS AND DRAWBACKS

thelawwaywithlawyers@gmail.com January 10, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 10, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- AKSHAYA S CO AUTHORED 1. :- SIVASAKTHI.A CO AUTHORED 2. : SUSHMITHA R A CRITICAL ANALYSIS OF SURROGACY (REGULATION) ACT, 2021: KEY PROVISIONS AND DRAWBACKS ABSTRACT Surrogacy is the process where a woman accepts to become pregnant and gives birth to a child on behalf of another couple who will legitimately be the child’s parent after birth. Usually surrogacy is pursued by the people who are dealing with infertility, medical complications or any condition which makes pregnancy unsafe. Before 2015 commercial surrogacy has been practiced in India but it frequently resulted in exploitation of vulnerable and underprivileged women, and many surrogate moms had medical risks and inadequate postpartum care. Therefore in order to curb this, Surrogacy (Regulation) act was passed in the year 2021. This act completely prohibits commercial surrogacy and it permits only altruistic surrogacy which does not include any monetary payment apart from the cost of surrogate mother’s parental care and insurance coverage. However this act also had few shortcomings such as exclusion of unmarried and homosexual couples, widow men and so on. This paper deeply analyzes the key provisions of the Surrogacy (Regulation) Act, 2021 and it highlights the landmark cases of surrogacy and this paper also examines the loopholes of the act. Keywords: Surrogacy (Regulation) Act, 2021, Drawbacks, Altruistic surrogacy, Commercial surrogacy, Landmark judgment. INTRODUCTION: The Britannica dictionary defines Surrogacy as “the practice by which woman i.e. the surrogate mother becomes pregnant and gives birth to a baby in order to give it to someone who cannot have children.” According to OHCHR, “Surrogacy refers to a form of third party reproductive practice in which intending parent(s) contract a surrogate mother to give birth to a child.” Surrogacy is considered by the couple for the following reasons, Past history of hysterectomy (uterine removal surgery) for certain medical conditions like cervical or endometrial cancer Women who have tried unsuccessful reproductive treatments and have numerous fibroids Congenital or acquired uterine abnormalities Women who experience repeated failures of implantation Absence of uterus like in Mayer-Rokitansky-Kuster-Hauser syndrome (a disorder with the absence of uterus at birth) Severe medical conditions like heart or renal diseases make pregnancy risky and are contraindication of pregnancy The inability to conceive biologically Women who experience multiple miscarriage These are the general reasons for which the couple considers surrogacy to have a child and to form a family. In India there are two main types of surrogacy, they are as follows, Traditional surrogacy In this type, the intended father’s sperm is artificially inseminated into the surrogate mother. As a result, in this type of surrogacy the surrogate mother will be the genetic mother of the child to whom she gives birth and it can also be stated that the surrogate mother will be the biological mother to the child. Gestational surrogacy In this gestational surrogacy, fertility specialists use sperm from the intended father to fertilize eggs from the intended mother through the use of an In-Vitro Fertilization (IVF) procedure. Since the fertilized eggs are subsequently placed in the surrogate’s uterus, the surrogate merely serves as the carrier and has no biological connection to the surrogate child. Few other types of surrogacy on Compensated basis are as follows, Commercial surrogacy In this, the surrogate mother receives financial compensation apart from its medical expenses related to pregnancy. Altruistic Surrogacy In this, the surrogate mother does not receive any financial compensation. In the majority of instances, altruistic surrogates are helping an individual they know, like a close friend or relative, and they will probably only be compensated for medical expenses HISTORY OF SURROGACY LAW IN INDIA Surrogacy has been practiced in India since ancient times. The first IVF kid, Kanupriya alias Durga, was successfully delivered in Kolkata on October 3, 1978, indicating an important turning point in the development of assisted reproductive technology (ART) and providing hope for surrogacy as a substitute method of reproduction. However surrogacy became quite prominent in 2000s when commercial surrogacy was legalized in India. The country became the destination for foreign nationals seeking surrogacy treatment as it offered a more favorable environmental condition and affordable medical expense. In this period, commercial surrogacy attained drastic growth in India, but it also led to the exploitation of vulnerable women and it also gave rise to various social, medical and legal concerns. Therefore, in 2015, the Indian government banned commercial surrogacy and only allowed the entry of embryos for scientific study. In 2016, the Lok Sabha, introduced and passed the Surrogacy (Regulation) Bill, which aimed to outlaw commercial surrogacy by allowing only heterosexual Indian couples who have been married for at least five years and are experiencing infertility issues to use altruistic or unpaid surrogacy. But the bill lapsed at that time and it was again reintroduced in the year 2019. The bill received the President’s assent on 25th December 2021 and it officially came into effect on 25th January 2022 as the Surrogacy (Regulation) Act, 2021. SURROGACY (REGULATION) ACT, 2021 Surrogacy regulation Act,. 2021 was enacted to with the intention of “establishing the National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards, and designating suitable authorities for the regulation of the practice and process of surrogacy and for matters related or incidental thereto. The object of the act is to prohibit commercial surrogacy and to permit only altruistic surrogacy, to protect the rights of surrogate mother and intended parents essentially seeking to guarantee moral and open surrogacy practices while avoiding the exploitation of women who might be lured into business agreements. The following are the key provisions of the act, Section 2(zd) defines surrogacy as a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth; Altruistic surrogacy has been defined under

STYLE MEETS LAW: INTELLECTUAL PROPERTY IN FASHION INDUSTRY

thelawwaywithlawyers@gmail.com January 1, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JUNUAR 01, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- P. KOUSHIKA STYLE MEETS LAW: INTELLECTUAL PROPERTY IN FASHION INDUSTRY ABSTRACT The fashion business is always reinventing itself by creating new trends and designs for each season. Everyone wants to be up to date with the latest fashions and be “in” with the trend. There is a high cost associated with keeping up with fashion. The conundrum is that while everyone aspires to be stylish, not everyone can afford it. Because of this, many turn to unethical methods to obtain what they desire. Creating an illegal industry that takes advantage of the circumstances and offers cheap, mass counterfeit imitations of apparel and accessories, making “fashion” accessible to everyone. When their work is widely imitated without their consent and fake goods are offered at lower prices, the fashion industry and designers, who rely on originality and fine skill to create one-of-a-kind and exclusive products, are reduced to rubble. The fashion business places a high value on intellectual property, which should be safeguarded. Additionally, an atmosphere that allows designers to work without worrying about infringement or counterfeiting must be established. The parallel fashion black market, which is nearly as large as the fashion industry itself, is rife with cheap replicas, rip-offs, and duplication. This kills the designers’ creativity and associated elements of fashion and design. By defending the rights of these innovative designers, intellectual property rights aim to close this gap. This paper compares the Indian intellectual property regime, which depends on a combination of design, patent, and copyright protection for the designers, to the Western regime, along with the various procedural protections offered by the two regimes, with the common goal of protecting the creativity of the fashion designers. It aims to explore how intellectual property helps protect the rights of designers, design houses, and brands in the fashion industry from the evils of counterfeiting, copying, duplication, and unauthorised use of their work. KEYWORDS : Fashion Industry, Intellectual property, Counterfeiting INTRODUCTION Everyone wants to be up to date with “fashion,” which never goes out of style. Every generation or season brings about a rapid change in fashion, with some styles becoming timeless while others become vintage. Therefore, Designers and design firms must always adapt to the times and be the first to release their innovative works in order to become well-known, popular, and commercially advantageous. The main source of competition is the inventiveness of unique creative expressions, which necessitates safeguarding their original work against duplication, copying, and theft without consent. The fashion sector is growing quickly on a global scale, with a projected market valuation of over $2.25 trillion by 2025. Therefore, it is necessary to protect these designers’ creations. Intellectual property law enters the scene and shields these designers’ creations, inventions, and designs from imitation, copying, and market piracy that deceives consumers. Fashion design is a kind of art that calls for the development of a sharp eye and creative thought in order to create apparel and lifestyles. Versace’s Medusa motif, Dr. Martens boots, Sabyasachi’s Bridal Collection, and Chanel’s No. 5 perfume are a few of the most well-known Products of applied intellectual creativity and skill. WIPO defines Intellectual property (IP) as the “creations of mind, such as inventions; literary and artistic works; designs and symbols, names and images used in commerce”. Intellectual Property Laws are a body of legislation that establishes rights and offers protection and enforcement for an inventor’s or creator’s legal rights over his or her fresh or original invention, creative and artistic work, or designs. These shield the original author from copying and infringement. Fashion design is an art form that requires No one can ever dispute the significant contribution that intellectual capital provides to the creation and marketing of products in the fashion industry, whether they are ready-to-wear or high fashion. The fashion industry is heavily dependent on IP that consistently generates and commercially exploits innovative concepts.To safeguard a billion-dollar business that depends on creativity and passion, intellectual property law is essential. The fashion business may only truly thrive if inventors and artists who have produced their work with passion and originality are granted protection. In order to protect fashion designers, fashion houses, and boutique fashion businesses from the harmful practices of imitation, duplication, and piracy, this article aims to investigate the role that intellectual property law plays in the fashion sector. Examining the necessity of intellectual property laws and how they safeguard fashion creations. The relevance of several IP law types in the fashion industry is specifically highlighted in this article. Along with current case-laws from the Indian perspective and outlining the difficulties encountered, it emphasizes how they prevent piracy of the work of various designers and design houses. The article does additional research to obtain a worldwide perspective on the trends from the viewpoints of the US and Europe. Concluding with a review of the regulations’ expansion, protection, and potential advantages for the fashion sector. WHO BENEFITS FROM LEGAL PROTECTION IN FASHION INDUSTRY? A multibillion-dollar global corporation, the fashion industry is engaged in the production and selling clothing. Having more than a million employees globally, it includes the conceptualisation, design, and production of clothing and accessories for men, women, and kids from many ethnic backgrounds and cultures, as well as the eventual sale, marketing, and promotion of these products. From couture ball gowns and caps to pyjamas and socks, it offers the most costly and unique customized haute couture and designer clothes in addition to everyday, lounge attire. The Fashion Industry consists of four-tier system which include mainly: Production of raw materials, such as