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The IUP Law Review
ISSN: 2231-3095
A ‘peer reviewed’ journal distributed by EBSCO Database

July'18

Issues

The IUP Law Review is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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Right to Privacy and Techno-Legal Issues
Virginity Test – An Infringement on Women’s Rights and Dignity: Evidence from India and Turkey
Neurodiversity Management: A Step Towards Inclusivity
Victimization and Vulnerability of Children in a Changing World
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Contents
(July 2018)

Right to Privacy and Techno-Legal Issues

--K Sita Manikyam and Ayush Khandelwal

It is no secret that technology is becoming more integrated in our work lives, and since we are getting more comfortable with it, we are allowing technology to become more involved with our personal lives too. Human beings value their privacy and the protection of their personal sphere of life. They value some control over who knows what about them. They certainly do not want their personal information to be accessible to just anyone at any time. It is a fact that the scientific advancements and technological progressiveness have touched the pinnacle of the age. The explosion of information in the technological era is an outcome of technology and networked cyberspace spread across the four corners of the globe. Globalization of communication in this era brings many advantages to the mankind. At the same time, it also brings certain unforeseen and unpredictable maladies. Privacy is one such issue that bothers all the nations, netizens and the citizens alike. Hence, the present paper focuses on the legality of technological issues, while dealing with various statutory provisions with regard to privacy law.

Article Price : Rs.50

Virginity Test – An Infringement on Women’s Rights and Dignity: Evidence from India and Turkey

--Sridevi D Shet

A woman is the creator (Janani) of life and is the one who assures the existence of human race on the earth through her ‘procreative’ ability. But yet she has been subjected to a great deal of violence by our society. One of the most demeaning forms of violence is the virginity test. Virginity test is the physical examination for finding ruptures in a woman’s hymen and then determining whether the woman is still ‘a virgin’ or not. Virginity is used as a parameter for assessing her reputation which underlines the plight of the woman being relegated to a mere object. The paper focuses on the medical utility of virginity test by hymen examination and its potential impact on the examinee. The paper focuses on the key distinctions between the perspectives on the virginity test used as a determinant for the chastity of women in India and in Turkey. The paper highlights the steps taken by the Indian and Turkish governments to uphold the dignity of women against virginity test practices.

Article Price : Rs.50

Neurodiversity Management: A Step Towards Inclusivityn

--Vikas Trivedi and Vaishali Trivedi

More than one billion people in the world live with some form of disability, of whom nearly 200 million experience considerable difficulties in functioning. Disabled people are prevented from participating fully on equal terms in mainstream society. Following the entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), disability is increasingly understood as a human rights issue. The Right of Persons with Disabilities Act, 2016 has expanded the definition of Disability from 7 to 21 and included among others mental illness. The nomenclature mental retardation is replaced with intellectual disability under the Act. As defined at 2011 National Symposium on Neurodiversity, Neurodiversity is a concept where neurological differences are to be recognized and respected as any other human variation. The neurodiverse population remains a largely untapped talent pool. Modern-day employers have begun to understand these neurodiverse conditions, which represent the different ways in which a person learns, processes information and communicates. This paper attempts to push for an economic model with the focus on establishing a linkage between health-related limitation of mental illness and the kind of work that can be performed by them.

Article Price : Rs.50

Victimization and Vulnerability of Children in a Changing World

--K S Rekh Raj Jain

The children and the youth of any nation are supreme assets and are pedestal on which a strong, vibrant and dynamic nation can be built. Children are among the most vulnerable members of our society and need our nurture, care and protection. Millions of children around the world are the victims of violence, sexual, physical, and emotional abuse and exploitation on a daily basis. Victimization and vulnerability of children on account of various factors is a truly global phenomenon. Statistics across the globe reveals a rise in cases of victimization and vulnerability of the children. The concept of welfare and wellbeing of children is basic for any civilized society. With a view to protecting them, various protective legislations have been enacted both at national and international levels. Encompassing every aspect of child, the protection of victimized and vulnerable children must be the top priority of every community and also of vital importance to improve the quality of life. Despite the efforts of the child protection system, child vulnerability fatalities remain a serious problem. The worldwide victimization of children can be prevented, or at least its incidence can be greatly reduced, if decisive action is taken. The paper takes stock of the current context and aims to bring greater clarity as to how the children are victims and vulnerable to various crimes.

Article Price : Rs.50

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Automated Teller Machines (ATMs): The Changing Face of Banking in India

Bank Management
Information and communication technology has changed the way in which banks provide services to its customers. These days the customers are able to perform their routine banking transactions without even entering the bank premises. ATM is one such development in recent years, which provides remote banking services all over the world, including India. This paper analyzes the development of this self-service banking in India based on the secondary data.

The Information and Communication Technology (ICT) is playing a very important role in the progress and advancement in almost all walks of life. The deregulated environment has provided an opportunity to restructure the means and methods of delivery of services in many areas, including the banking sector. The ICT has been a focused issue in the past two decades in Indian banking. In fact, ICTs are enabling the banks to change the way in which they are functioning. Improved customer service has become very important for the very survival and growth of banking sector in the reforms era. The technological advancements, deregulations, and intense competition due to the entry of private sector and foreign banks have altered the face of banking from one of mere intermediation to one of provider of quick, efficient and customer-friendly services. With the introduction and adoption of ICT in the banking sector, the customers are fast moving away from the traditional branch banking system to the convenient and comfort of virtual banking. The most important virtual banking services are phone banking, mobile banking, Internet banking and ATM banking. These electronic channels have enhanced the delivery of banking services accurately and efficiently to the customers. The ATMs are an important part of a bank’s alternative channel to reach the customers, to showcase products and services and to create brand awareness. This is reflected in the increase in the number of ATMs all over the world. ATM is one of the most widely used remote banking services all over the world, including India. This paper analyzes the growth of ATMs of different bank groups in India.
International Scenario

If ATMs are largely available over geographically dispersed areas, the benefit from using an ATM will increase as customers will be able to access their bank accounts from any geographic location. This would imply that the value of an ATM network increases with the number of available ATM locations, and the value of a bank network to a customer will be determined in part by the final network size of the banking system. The statistical information on the growth of branches and ATM network in select countries.

Indian Scenario

The financial services industry in India has witnessed a phenomenal growth, diversification and specialization since the initiation of financial sector reforms in 1991. Greater customer orientation is the only way to retain customer loyalty and withstand competition in the liberalized world. In a market-driven strategy of development, customer preference is of paramount importance in any economy. Gone are the days when customers used to come to the doorsteps of banks. Now the banks are required to chase the customers; only those banks which are customercentric and extremely focused on the needs of their clients can succeed in their business today.

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