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Volume : 4 (2017) VOLUME : 4 (2017) LLOYD LAW COLLEGE L L O Y D EDITORIAL ADVISORY BOARD CHAIRMAN Mr. R. Venkataramani Senior Advocate, Supreme Court of India MEMBERS Prof. (Dr.) S. Sivakumar, Member, Law Commission of India/ Professor, Indian Law Institute/ HonoraryChairman, Academic Advisory Board, Lloyd Law College Prof. (Dr.) Satish Chandra Shastri, Dean, College of Law & Governance, Mody University, Rajasthan Prof. (Dr.) D.K. Sharma, Dean, Department of Law, Banaras Hindu University, Varanasi Prof. (Dr.) Tara Prasad Sapkota, Dean, Faculty of Law, Tribhuvan University, Kathmandu, Nepal Prof. (Dr.) Md. Rahmat Ullah, Dean, Faculty of Law, Dhaka University, Dhaka, Bangladesh Prof. Jayadev Pati, Dean, SOA National Institute of Law, Bhubaneshwar Prof. V.R.C. Krishnaiah, Former Dean, Faculty of Law, Sri Venkateshwara University, Tirupathi Prof. (Dr.) R.K. Chaubey, Head, Department of Law, Allahabad University Dr. Manish Arora, Director, Universal Law Publishing Co., New Delhi Prof. (Dr.) Manjula Batra, Professor, Faculty of Law, Jamia Millia Islamia, New Delhi Prof. (Dr.) G. Kameswari Goda, Director (Research), Lloyd Law College Research Centre EDITORIAL COMMITTEE CHAIRMAN Dr. Md. Salim, Director, Lloyd Law College, Greater Noida MEMBERS Mr. Anup Kumar Varshney, Joint Secretary, Legislative Department, Ministry of Law & Justice, New Delhi Prof. (Dr.) V.T. Thamilmaran, Dean, Faculty of Law, University of Colombo, Colombo, Sri Lanka Prof. S.S. Jaswal, Registrar, Himachal Pradesh National Law University, Shimla Prof. (Dr.) Lisa P Lukose, Associate Professor, University School of Law & Legal Studies, GGS Indraprastha University Ms. Meera Furtado, Commonwealth Moot Coordinator and Faculty, London Metropolitan University, London, United Kingdom LLOYDIANS MANAGING EDITOR Mr. Manohar Thairani President, Lloyd Law College EDITOR-IN- CHIEF Mr. Akhilesh Kumar Khan Deputy Director, Lloyd Law College EDITORS Dr. Kavitha Chalakkal Assistant Director (Research), Lloyd Law College Ms. Anjali Prabhakaran, Faculty Member, Lloyd Law College CO- EDITOR Mr. Rahul Sinha Roy Faculty Member, Lloyd Law College STUDENT EDITORIAL COMMITTEE STUDENT EDITORS Mr. Kumar Deepraj Ms. Parul Malik MEMBERS Mr. Shahzeb Ahmed Mr. Chandrakant Tiwari Ms. Shreya Arneja Mr. Harjodh Singh Ms. Samar Parveen Mr. Sequira Byron Mr. Kshitij Ray Ms. Richa Bias INFORMATION AND DISCLAIMER Cite this volume as 4 Lloydians (2017) Lloydians: International Student Law Review is an international annual, peer-reviewed Student Law Review of Lloyd Law College. Papers for this journal are invited in the form of long and short articles from law students of recognised universities. The length prescribed for long articles is more than 5,000 words and for short articles is 3,000- 4,000 words. The mode of citation and footnoting is as followed in this issue. Papers already published elsewhere will not be considered for publication in this Journal. The theme selected for this issue of Lloydians is 'The Supreme Court on constitutional Law'. Lloyd Law College shall be the sole copyright owner of all the articles published in the Journal. Apart from fair dealing for the purposes of research, private study or criticism, no part of this Journal be copied, adapted, abridged, translated or stored in any retrieval systems, computer systems or other systems or be reproduced in any form by any means whether electronic, mechanical, digital, optical, photographic or otherwise without prior permission from the College. The editors, publishers and printers do not own any responsibility for the views expressed by the contributors and for errors, if any, in the information contained in the Journal, the author(s) shall be solely responsible for the same. Printed and published by Mr. Manohar Thairani on behalf of Lloyd Law College. © Lloyd Law College CONTENTS 1. Cyber Crime : Atul Rana 05 The Immediate Threat and Legal Issue Involved in Counteract 2. The Perversion of Public Kunika Khera 24 Interest Litigation 3. Study on Censorship in India with special Niranjan E V 35 Reference to Religion and Obscenity Vishaka Nikkam 4. The Right to Education: Pritam Banerjee 49 A Case of Judicial Activism Rajat Halder 5. Aadhaar, A Catalyst to Shobhit Tiwari 61 Downfall of Privacy Faizan Mohd. Khan 6. Need of Right to Property to be Yash Tandon 80 reconsidered back as a Fundamental Right 7. Aadhaar, Right to Privacy and Aishwarya Agarwal 96 the Privacy Trade-offs: For Greater Benefits and National Interest 8. Sabarimala Controversy and Saumya Srivastava 106 Equality for Women: Question of Constitutionality of the Ban 9. Article 19-The Most Diverse Gopika. A. Aryad 118 Fundamental Right 10. Need for Extending the Harsh Vardhan Tiwari 128 Basic Structure Doctrine: Bharat Judicial Review of Election Disputes 11. The Constitution of India on Uniform Civil Code: Divyanshu Chaudhary 143 Looking Beyond the Interested Regimes 12. Supreme Court of India and its Shivansh Shukla 162 Constitutional Interpretations: Akrity Aishwarya The Journey So Far (1950-2017) CYBER CRIME: THE IMMEDIATE THREAT AND LEGAL ISSUES INVOLVED IN COUNTERACT Atul Ratna* Abstract With the evolution of computer age in 1970's and thereafter the advent of internet in 1990's, the whole world has experienced the revolution. This revolution includes the establishment of global network for computers, advanced system of technologies and interconnection between technologies, organizations and individuals. But at the same time, it paved the way for the commission of many crimes. The peculiarity of these crimes was that it can be committed by offenders without his physical presence at the place wherein the offence is committed. Sometimes, it may become very difficult to even trace the actual crime and the place of commission. This paper, in its limited scope, deals mainly with the legal issues involved in countering the cyber crime. The authors begin by analyzing the essence of law to address any crime followed by the peculiarity of cybercrime and present regulations for it. The paper continues by dealing with the critical issues in countering cyber crime i.e, jurisdictional, enforceability and procedural, as briefly as possible. Further, the 'lex loci delicit' rule within internet jurisdiction and the barriers to successful investigation have also been covered in this paper. Finally, authors have critically analyzed all the legal issues and then suggested the ways to address these crimes more quickly successfully. I Introduction THE OLD proverb says that “criminal law is the best when it criminalizes the least”.1 It has the same purpose as any other body of law and aims to regulate the conduct of individuals in their interpersonal relations and in their relation with society. To counter crimes and to achieve justice, become the true objective of the criminal law. The birth and evolution of courts brought with it the notion of justice and a fair deal. From the days of Manu to the present age of the internet, behavior which is harmful to the society at large has not been tolerated and has been dealt strictly. Howsoever, the job of the investigation was never simple. Much before an accused is proved as criminal, an entire gamut of law throws a security wall around him so that his trial meets the standard of equity and * 5th year student, B.A. LL.B Central University of South Bihar. 1 Cherif Bassiouni, Substantive Criminal Law (Thomas Publishers, United States of America, 1978). 6 | LLOYDIANS - INTERNATIONAL STUDENT LAW REVIEW the ends of justice. Thorniest issues of jurisdiction and evidence sometimes lead many investigations to be left at its trial stage. Evolution of the “computer age”, during 1970's, led to the establishment of a global network of millions of computers connected with one another. Today, internet has become part and parcel of human life. It is regarded as a complex system of technologies and interconnection between technologies, organizations and individuals. The internet world is borderless having no relevance to geographical boundaries and distances. It also permits immense privacy to its netizens. Whether it is electronic communication through email, or online chat, or buying and selling of goods through auction websites, or publishing any document or music or videos, all these can be done with utmost secrecy and privacy. Moreover, data or information is so volatile, as it can be easily erased, modified, moved or transmitted and concealed through encryption techniques. II Cyber crime: An advanced offence The world of internet has provided a wide area for the commission of many crimes. These crimes are termed as “cyber crimes”, are distinct from other crimes in many ways. It takes nature from the internet and cyberspace; moreover, the privacy provided by the internet makes these criminals almost invisible at the time when crimes are committed. Physical presence at the bank was required, to rob a bank in the pre- internet era, however, with electronic banking which is easily accessible through the internet, physical presence is not necessary to commit the robbery in this digital age. It can be said to be technology-based crimes, in which technology is the weapon as well as the target at the victim's end, and these weapons are easily and quite freely available on the internet itself. For committing most of these crimes including hacking, phishing, data theft, identity theft etc., a deep understanding of computers and the internet is required and these criminals are technocrats who understand the intricacies of information technology. With the growing invasion of information
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