Legal Experts Research Articles

Fraudulent Participation in Online Qualitative Studies: Practical Recommendations on an Emerging Phenomenon.

Fraudulent participation is defined in the following as participation in research by individuals who, for one reason or another, intentionally provide false responses. Qualitative studies are at an increased risk of fraudulent participation when online recruitment and participation are used, and monetary incentives offered. Fraudulent participation threatens data quality and subsequent evidence-based practice, yet validated guidance on how to tackle it is lacking. This paper offers a critical reflection thereon by three separate qualitative research groups that experienced fraudulent participation in collaboration with a patient representative, a bioethicist, a legal expert, a journal deputy editor, and a chief executive of a national charity. The Prevent FRaudulent Online STudy participation (P-FROST) recommendations provide advice on (1) Study set-up (including team members and study design), (2) Monetary incentives and recruitment, (3) Data collection (screening and interview considerations), and (4) Analysis, reporting, and support. The reflection which balances the diverse perspectives of patients, researchers, funders, ethics boards, and legal teams puts forward the P-FROST recommendations to identify and prevent fraudulent participation throughout the design, ethical approval, and implementation of online qualitative research.

Health Promotion and Health Literacy in the Legal Foundations of the Austrian Healthcare System

Health reform sees health promotion (HP) and health literacy (HL) as essential cornerstones for achieving health policy goals. This article examines the extent to which the legal foundation in the Austrian healthcare system provides a basis for orientation towards HP and HL. The focus of the analysis was set on medical professions, the health care and nursing professions, hospitals, and primary health care facilities. In a first step, legal and other relevant documents were reviewed. For this, a literature-based coding grid was created. In a second step, the legal bases were analyzed and interpreted using the coding grid. Recommendations were derived from the analysis of the legal basis and experts' assessments. Health promotion and health literacy are included in the general legal foundations. However, HP/HL is primarily conceived as a supplementary service with separate financing and is thus less understood as an integral part of any patient contact. The primary health care units and the nursing professions have a relatively clear mandate with regard to HP/HL compared to the hospitals and medical professions. Overall, it was recognized that terminology should be used more coherently and operationalized for the respective areas of cure and care. In particular, the legal bases relating to the medical professions do not build on one another in a coherent manner. Having adequate staff is the key to HP/HL. If these are in place, competencies in the field of HP/HL should be required, promoted, evaluated, and rewarded. HP/HL should be an integral part of any care setting. The concepts of health promotion and health literacy should be operationalized in the legal frameworks of health professions and organizations. This is especially true for the Physicians' Act and for hospitals. Furthermore, the role of patients should be strengthened and the involvement of users in the planning of health services should be further developed.

The Legal Englishes of Dispute Resolution Rules

The UK Jurisdiction Taskforce (UKJT) has published the UK's first Digital Dispute Resolution Rules (DDRR), which are aimed at facilitating the rapid resolution of commercial disputes, in particular those revolving around digital technology. On the other hand, the London Court of International Arbitration (LCIA) has published an updated version of its Arbitration Rules (LCIAR). This paper is aimed at exploring the differences in the language and style of these two international documents. On the one hand, it addresses the sector-specific language used; on the other hand, it explores the general comprehensibility of the two documents to the layperson. Legalese elements, if any, are brought to the fore and focused on, as well as technical words, in order to explore how these documents are intelligible. The paper findings highlight that the LCIAR heavily rely on legalese, whereas the DDRR present several instances of plain English. The reasons why this is possible could be found in the fact that the former are drafted by legal experts such as arbitral organisations, whereas the latter are mostly written by business and financial advisers. Also, the DDRR clearly cater for the needs of the businesses' new (digital) requirements.

Code-ifying the Law: How Disciplinary Divides Afflict the Development of Legal Software

Proponents of legal automation believe that translating the law into code can improve the legal system. However, research and reporting suggest that legal software systems often contain flawed translations of the law, resulting in serious harms such as terminating children's healthcare and charging innocent people with fraud. Efforts to identify and contest these mistranslations after they arise treat the symptoms of the problem, but fail to prevent them from emerging. Meanwhile, existing recommendations to improve the development of legal software remain untested, as there is little empirical evidence about the translation process itself. In this paper, we investigate the behavior of fifteen teams---nine composed of only computer scientists and six of computer scientists and legal experts---as they attempt to translate a bankruptcy statute into software. Through an interpretative qualitative analysis, we characterize a significant epistemic divide between computer science and law and demonstrate that this divide contributes to errors, misunderstandings, and policy distortions in the development of legal software. Even when development teams included legal experts, communication breakdowns meant that the resulting tools predominantly presented incorrect legal advice and adopted inappropriately harsh legal standards. Study participants did not recognize the errors in the tools they created. We encourage policymakers and researchers to approach legal software with greater skepticism, as the disciplinary divide between computer science and law creates an endemic source of error and mistranslation in the production of legal software.

Analysis of Information Systems as a Tool for Enhancing Access to Justice for Marginalized Communities

This research explores how information systems can improve access to justice for marginalized groups, focusing on the challenges they encounter within legal frameworks. Employing a mixed-methods approach, data were gathered through surveys and interviews involving both community members and legal professionals. The analysis reveals that existing information systems can enhance awareness of legal rights and streamline access to legal services. Results show that by making information systems more user-friendly, understanding and navigation of legal processes for marginalized populations can be significantly improved. The study concludes that optimizing these systems is essential for filling gaps in legal access, highlighting the importance of collaboration between legal experts and technology developers to create effective solutions that address the specific needs of these communities. This research adds to the discourse on how technology can help close the justice gap and foster a more equitable legal system

El derecho operacional en Colombia: protagonismo militar y ausencias civiles

Outside military circles, little is known about operational law. However, this legal regime has grown dramatically in the last twenty years in Colombia. This research investigates the practice of operational law through interviews with five operators and identifies two characteristics of this field: the juridification of military operations and combat experience as a factor of legal expertise. The results evidence that the practice of operational law has developed with a leading role of military actors, as opposed to a marked civil absence. Therefore, the development of this military legal project should continue with its opening to external controls from civil governance.

3.F. Round table: Legal action & capacity building: essential for climate action to protect and promote public health

Abstract The climate crisis is the single biggest threat to global health, peace and security, a crisis multiplier, and a significant driver of health inequalities within and between countries. In many areas of public health policy, legal action and litigation have delivered significant and long-lasting impacts. Court action is a strong domain of legal policy and practice to address climate change and related air pollution in many countries, and increasingly in international courts and tribunals. Examples include the 2021 landmark UK Coroners Report on the asthma-related death of Ella Kissi-Debrah, the 2023 UN General Assembly Request for an Advisory Opinion from the International Court of Justice on states’ obligations to address climate change, and the 2024 European Court of Human Rights decision in Klimanseniorinnen v. Switzerland. Climate litigation also creates opportunities for public scrutiny and debate by raising awareness of inaction or harm caused by governments or private sector polluters, generating wider community mobilisation for action. Since 2021, the EUPHA Law and Public Health Section, Faculty of Public Health (UK), Aletta Jacobs School of Public Health, Global Network for Academic Public Health, ASPHER and other partners have collaborated to build ethicolegal competence and capacity of public health professionals for climate action. Initiatives have also included research, advocacy, and resource development, and exploring opportunities for legal action and litigation, including at the International Conference on Strategic Litigation and Public Health (Liverpool, 2023). The roundtable will present key findings from an evaluation of the course on climate change organised by the ASPHER and the Global Consortium on Health and Climate Education (GCHCE), and learnings and feedback from the publication ‘From analysis to action: climate change litigation. A guide for public health professionals’, which was launched at the 16th European Public Health Conference. The expert panel will also reflect on whether the nature of current educational materials, means and methods in curriculum and training initiatives are effective, appropriate, adequate, and sufficient. Should climate change be part of One Health and Planetary Health programmes rather than a distinct entity? What is the role of, and what are the opportunities for, public health professionals to be engaged in climate litigation? What are the gaps and opportunities through strategic networking with environmental and legal experts, and affected communities? The roundtable will be interactive and invite input and insights from the participants to explore opportunities to further advance the agenda. Key messages • Public health professionals have a key and increasing role in climate law and litigation: interdisciplinary collaboration is essential. • Public health professionals have multiple avenues for capacity building on opportunities to address climate and environmental impacts on public health through law. Speakers/Panelists David Patterson University of Groningen, Groningen, Netherlands Farhang Tahzib Faculty of Public Health, Haywards heath, UK Liz Green Public Health Wales, Wrexham, UK Ana-Catarina Pinho-Gomes University College London, London, UK

Abstract concepts and expertise: the case of institutional concepts

Recent views recognize that abstract concepts encompass a variety of exemplars, each relying on different dimensions, including not only sensorimotor but also inner, linguistic, and social experiences. How these dimensions characterize types of abstract concepts, and whether their weight varies across contexts and individuals remains an open question. We investigated the role of linguistic and social situations in the processing of institutional concepts, such as justice, by individuals with different levels of expertise. In a priming study, legal experts and non-experts were asked to respond to target words (go-trials) consisting of different kinds of abstract (institutional, theoretical) and concrete concepts (food, tools) and to ignore filler words (no-go trials). The verbal stimuli were primed by pictures depicting social-action, linguistic-social, linguistic-textual situations, and a control condition. As predicted, critical priming modulated performance on abstract concepts, likely due to their highly context-dependent meaning. Interestingly, we found that the processing of institutional concepts was selectively facilitated by social action prime, suggesting that this situational content may be integrated to support their representation. Crucially, the dialogic context, the linguistic social prime, affected more non-experts than law-experts, who tended to frame institutional concepts as shared idea for regulating social practices. Our results show that linguistic and social inputs become differently salient for institutional concepts representation depending on individual competence.

10.F. Skills building seminar: How public health professionals can use the right to health to advance climate action and justice

Abstract The climate crisis is the single biggest threat to global health, peace and security, a crisis multiplier, and a significant driver of health inequalities. In many areas of public health policy, legal action and litigation have delivered significant and long-lasting impacts. In April 2024, the European Court of Human Rights concluded that Switzerland had violated the right to health of older women in Switzerland by failing to meet its past greenhouse gas (GHG) emissions reduction targets and set future GHG targets. State-of-the-art public health evidence provided by the Intergovernmental Panel on Climate Change and Lancet Countdown on Health and Climate Change were vital to the Court’s decision, which has implications for all Council of Europe member states, and globally. Rigorous scientific evidence of health harms, including but not limited to heat stress, can inform other climate litigation grounded in the right to health. Public health researchers and practitioners are essential to this litigation. In recognition of this emerging role, in November 2023 the Faculty of Public Health (UK) and the Aletta Jacobs School of Public Health launched ‘From analysis to action: climate change litigation. A guide for public health professionals’ at the 16th European Public Health Conference. The guide was also endorsed by ASPHER, ASPPH, EUPHA, Global Consortium on Climate and Health Education, Global Network for Academic Public Health, Lancet Countdown, Public Health Ethics and Law Global Network, and WFPHA. This workshop will familiarise participants with recent rights-based climate litigation and explore the role of public health professionals in identifying, collecting, storing, assessing and presenting this evidence in a form that is accessible to court officials without medical training. First, there will be short presentations on 1) the role of the law in climate action and the role of scientific evidence of health harms in human rights litigation, and 2) How to collect and use scientific evidence of health harms in climate litigation (15 minutes). Small group discussions will follow, addressing questions such as: The health harm of climate change-related heat stress was a major factor in the 2024 decision of the European Court of Human Rights in KlimaSeniorinnen v. Switzerland: What other health harms could support future cases? In what population groups? What opportunities do you see today for public health researchers and practitioners to compile such evidence to make the most compelling case? How can public health researchers and practitioners work more closely with legal experts and affected communities to bring this evidence to court? (20 minutes) The workshop will conclude with a plenary discussion of these questions and the small group responses. (25 minutes) As a result of the workshop, participants will be better prepared to identify opportunities to contribute compelling evidence of health harms in climate litigation. Key messages • Rigorous scientific evidence of climate change-related health harms is proving central to success in rights-based climate litigation. • Public health professionals have a key role in identifying and presenting compelling evidence of health harms in climate litigation. Speakers/Panelists David Patterson University of Groningen, Groningen, Netherlands Farhang Tahzib Faculty of Public Health, Haywards Heath, UK

A qualitative focus group study on legal experts’ views regarding euthanasia requests based on an advance euthanasia directive

BackgroundThe Dutch Euthanasia law permits euthanasia in patients with advanced dementia lacking decisional capacity based on advance euthanasia directives. Nevertheless, physicians encounter difficulties assessing the criteria for due care in such cases. This study explores the perspectives of legal experts on the fulfillment of these criteria and the potential for additional legal guidance to support physicians’ decision-making processes.MethodsA qualitative study was conducted with legal experts. Two focus group sessions were conducted. The data analysis was conducted iteratively, with the data being interpreted using thematic content analysis and the framework method.ResultsParticipants emphasize the importance of considering the patient’s current wishes and informing them about the limitations of advance euthanasia directives. While representatives and healthcare professionals can assist in interpreting wishes, the final decision regarding euthanasia rests with the physician. The participants also discuss the challenges posed by pre-recorded wishes due to changing preferences. Furthermore, they present different views on the value of life wishes of patients with advanced dementia. While some participants prioritize life wishes over advance euthanasia directives, others question whether such expressions still reflect their will. Participants find it essential to assess unbearable suffering in the context of the current situation. Participants acknowledge the necessity to interpret advance euthanasia directives but also current expressions and they entrust this interpretation to physicians, viewing them as the primary authority, despite consulting multiple sources.ConclusionsThe Dutch Euthanasia law’s due care criteria are open norms –which are open in substance and require further elaboration, mostly determined on a case-by-case basis to the field standards of the profession–, placing the responsibility on physicians to interpret advance euthanasia directives and patient expressions. Despite potential support from various sources of information, there is limited additional legal guidance available to assist physicians in making decisions.

Correlation of Justice in the Mahabharata Film with the Concept of Justice of Murtadho Muthahhari

The writing of this scientific paper discusses how the correlation between justice in the Mahabharata film and the concept of justice by Murtadho Muthahhari. Justice has become a topic of discussion by philosophers, religious scholars, politicians, and of course legal experts such as Murtadho Muthahhari. The purpose of this study is to find out the situation in the Mahabharata film, the concept of justice of Murtadho Muthahhari, and how it correlates with each other. The research method used is a qualitative method, with data sources obtained from the Mahabharata film, as well as books, and scientific works that support the research. After conducting this research, it can be found that there are similarities between justice in the Mahabharata film and the concept of justice by Murtadho Muthahhari. Murtadho Muthahhari explained that a person's good and bad deeds will not be separated from the judgment of God Almighty. In the story of Mahabharata which describes a person who does good, there will be a reward for his deeds. Likewise with evil deeds. Conclusion As in his story, the Pandavas who always do good will get a good reward from God, as well as Kaurawa who always does evil, will always get misfortune. This belief has been embraced by every religion, Hinduism, Buddhism, Christianity, and Islam as the religion that the author follows.

Planning For The Development Of Technical Competence In Land Management (Case Study At The Regional Office Of The National Land Agency, DKI Jakarta Province)

This study aims to design a development plan for technical competencies in land management, specifically within the Regional Office of the National Land Agency (BPN) DKI Jakarta Province. The complexity of land issues in urban areas like Jakarta necessitates the improvement of technical competencies among functional land administrators to ensure effective performance and service delivery. Using a qualitative research approach, data was gathered through interviews, observations, and document analysis. The research highlights the absence of a structured competency development plan for land administrators and suggests the need for tailored training programs. Findings emphasize the importance of digital literacy, land administration skills, legal expertise, and communication skills to meet the demands of modern land management. The study concludes with recommendations for competency development that aligns with organizational goals, proposing a competency framework tailored to the challenges faced in Jakarta.

State of scientific research problems of judicial proceedings in civil jurisdiction

The article reveals current problems and the state of scientific research on judicial proceedings in civil proceedings. In particular, special attention is paid to the issue of justice. The definitions and content of justice given by both scientists and its normative basis are analyzed. It is established that some scientists define justice as the main function of the court, while others define it as a form of activity of the court itself. The proposed author’s definition of the concept of «justice». Issues of access to justice are highlighted. It is suggested that the issue of access to justice be classified as one of the main principles of the civil process. The availability of justice and access to court is considered in the context of the concept of basic human rights and freedoms. Access to justice is defined as a combination of such interrelated elements as unconditional freedom, state- guaranteed opportunity and equality of a person whose rights have been violated to apply for judicial protection of his rights and legitimate interests to a competent court; the duty of the court to accept the case for its proceedings, without applying formal reasons for refusal. Application of universal and unlimited court jurisdiction; guarantees of competitiveness, proper judicial procedures, which ensure reasonable terms of consideration of the case. Particular attention is paid to the main principles recommended by the Committee of Ministers of the Council of Europe to member states regarding measures that facilitate access to justice. The opinions of scientists revealing the meaning of such principles as simplification of court proceedings, acceleration of proceedings and court costs are established. The work analyzes official statistical data for 2020 - 2023, regarding the number of cases that were considered in the order of simplified legal proceedings in all courts on the territory of Ukraine. It was concluded that, in minor cases, it would be appropriate to develop and implement national standards that would allow individuals to independently fill out understandable standard forms of procedural documents and submit them to the court, without consulting legal experts. It is proposed to use a differentiated approach to determine the size of the court fee depending on the person’s income or depending on the degree of difficulty of the case, taking into account the procedural costs and time for consideration of the case.

We Think There’s Been a Glitch

Forensic anthropology plays a pivotal role in the medicolegal system analyzing skeletal remains in forensic casework. With the increased incorporation of artificial intelligence (AI) and machine learning (ML), their continued application in the field promisesenhanced efficiency and accuracy in identification processes, trauma analyses, and decision-making. However, the integration of AI/ML also raises critical ethical concerns. The use of any technology involving human skeletal remains poses challenges related to privacy, consent, and the potential for dehumanization. Furthermore, the risk of bias within algorithms cannot be ignored—specifically, the inadvertent perpetuation of existing biases in training data, which can lead to incorrect identifications or skewed results. Addressing these concerns requires a balanced approach. Transparency in AI/ML design, clear guidelines for data collection and integration, and ongoing evaluation of algorithmic performance are essential. Additionally, interdisciplinary collaboration between anthropologists, ethicists, computer scientists, and legal experts would be a crucial step forward to ensure that the benefits of AI/ML are maximized while capturing the accountability and responsibilities within a legal and ethical context. Only through such an integrated approach can the potential of AI/ML in forensic anthropology be utilized as a tool responsibly, preserving the dignity of the deceased.

Shifting risks back to the state? Flood insurance and responsibility in the face of climate change in Australia

In Australia, with its neoliberal policy tradition, responsibility for dealing with severe and extreme weather events such as floods and bushfires has mainly been left to individual households and insurance markets. With the growing number of extreme weather events, existing institutional arrangements and behavioral patterns are challenged. Individuals have difficulties to reliably assess and manage knowledge about such climate change related hazards. In response to the growing uncertainties of rising costs due to increasing flooding and bushfire events, insurers raise their premiums for house and contents insurance or even withdraw from insuring high-risk areas altogether. Based on semi-structured interviews with 26 (re)insurance, legal, financial, and urban planning experts conducted in 2022, the study provides empirical insights in the still under-researched question of how responsibilities are understood and attributed amongst different stakeholders in the context of changing climate. The findings show that extreme weather events and the individualization of risk lead to new, complex patterns of sharing responsibilities amongst banks, insurers and the different governmental levels with a stronger emphasis on state regulation.

Tax Corruption: Legal Loopholes and Criminal Practices by High-Ranking Officials

Introduction: Tax corruption represents a critical issue that undermines economic stability and public trust, particularly when perpetrated by high-ranking officials. This study addresses the interaction between tax corruption and legal loopholes, highlighting how such gaps in the legal system facilitate criminal practices among powerful individuals.Purposes of the Research: The primary aim of this research is to explore how legal loopholes contribute to tax corruption and to examine the criminal practices of high-ranking officials involved in such activities. The study seeks to understand the systemic issues in tax administration and enforcement that allow these practices to flourish.Methods of the Research: The research employs a mixed-methods approach, combining qualitative analysis through interviews with tax officials and legal experts, with quantitative analysis of case studies involving tax fraud and evasion by high-ranking officials. This methodology provides a comprehensive view of both the legal and practical aspects of tax corruption.Results of the Research: : The findings reveal that significant legal loopholes, coupled with inadequate enforcement mechanisms, create opportunities for high-ranking officials to engage in corrupt practices with minimal repercussions. These corrupt practices undermine public confidence in tax systems and result in considerable revenue losses for the state.Conclusions: The research concludes that addressing tax corruption requires comprehensive legal reforms to close existing loopholes and enhance enforcement capabilities. Strengthening transparency and accountability mechanisms, along with promoting greater public oversight, are essential to mitigating the effects of tax corruption and restoring integrity in tax administration.

사회초년생의 전세사기 예방을 위한 모바일 서비스 제안

The state shares information on jeonse transactions with the public. However, the damage to jeonse transactions is increasing every year due to the low interest in information on jeonse transactions and institutional loopholes of young adults in society in their 2030 young adults. Therefore, this study proposes a mobile real estate service that provides practical information to prevent jeonse fraud for young adults in society in their 2030. After analyzing the current status of information provision of jeonse transaction through UX methods such as in-depth interviews and stakeholder modeling, an improvement plan was prepared by analyzing problems arising from the interaction between real estate and legal experts, real estate agents, and tenants. It was designed to compensate for the problems of existing national services by providing location-based nearby jeonse information, and the usability of the service was verified through a working prototype. The 'safe jeonse map' proposed by this study is expected to be effective in inducing young adults in society to easily understand and interest in jeonse information in their 2030, helping beginners prepare safety standards for jeonse transactions.

PROBLEMS OF JUDICIAL ACTS REVIEW IN THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the problems of reviewing court decisions of lower courts by the Supreme Court of the Republic of Kazakhstan. This article examines the control of higher courts over lower courts' activities in the system to ensure the rule of law in case consideration and decision-making. The procedure of reviewing judicial decisions by a higher court that have become effective and those that are not effective in the order of cassation and supervisory review, as well as representations of the President of the Supreme Court, and protests of the Prosecutor General of Kazakhstan, are investigated. Problems of citizens' implementation of their constitutional rights to judicial protection and appeals against court decisions are highlighted. The grounds for reviewing judicial acts that have entered into force, the range of subjects entitled to apply for review, criteria for the admissibility of appealing judicial acts as well as procedure for preliminary consideration of complaints and protest by a judge alone is shown. The analysis of these issues allows us to conclude that the current grounds and procedure for reviewing judicial decisions of the appeal and cassation courts based on the submissions of the Chairman of the Supreme Court and the Attorney General of the Republic of Kazakhstan firstly hinder the realization of citizens' constitutional right to judicial protection, including the right to appeal against judicial decisions, and secondly prevent the formation of consistency in judicial practice. The lack of guidance to lower courts on reviewing judicial decisions by way of cassation and supervision has once again convinced courts of their inability to achieve consistency in the interpretation and application of law, as well as failure to contribute effectively to citizens' exercise of the right to justice. The paper provides a critical analysis of judges, lawyers, and legal experts on the current process for the Supreme Court of the Republic of Kazakhstan to review appeals and cassation court decisions. At the end of the paper, the author draws conclusions and makes suggestions regarding the enhancement of the constitutional right to judicial protection and uniformity in court practice.

A Comprehensive Theological and Scientific Study of Gestational Surrogacy

With advancements in science and in response to the desire of childless individuals, surrogacy has emerged as a contemporary method of treating infertility. Intriguingly, due to its novelty, this topic has sparked considerable legal and jurisprudential debate. In essence, this medical procedure involves fertilizing a woman's egg with a man's sperm outside the womb. Subsequently, due to the woman's inability to carry the pregnancy, the embryo is implanted into another woman's uterus. Surrogacy, in fact, is a means for infertile couples to have a child. Through assisted reproductive technologies, an embryo created via in vitro fertilization is transferred to a gestational carrier, who carries the pregnancy to term and then relinquishes the child to the intended parents. In Iran, assisted reproductive technologies are employed when couples, or either partner, experience infertility. In these procedures, the sperm and egg of the legal and marital couple are fertilized in a laboratory, and the resulting embryo is donated to another legal and marital couple. A crucial issue in this context is the determination of the child's parentage, especially maternal lineage. Due to the silence of the law, this matter must be resolved by examining the Constitution of the Islamic Republic of Iran and relevant jurisprudential opinions, as well as the perspectives of legal experts. In this regard, determining the maternal lineage, which involves the biological mother and the gestational carrier, presents a challenge and requires further exploration. The conclusion of this paper is that, based on Quranic verses, hadiths, the principle of freedom of will, the intentions of the parties involved, the best interests of the child, customary practices, and legal principles, the gestational carrier is considered the legal mother of the child.

Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective

The Bharatiya Nyaya Sanhita, 2023 was enacted on December 25, 2023, to supplant the Indian Penal Code of 1860, marking a significant reform in India's criminal justice system. This legislation, along with the Bharatiya Nagarik Suraksha Sanhita as well as Bharatiya Sakshya Adhiniyam, took impact on 1st July 2024. The changes signify a departure from colonial legal frameworks, aiming for a system aligned with contemporary rights and inclusivity. While the Chief Justice of India and various legal experts have praised the BNS as a transformative step, it still exhibits notable shortcomings. For instance, it fails to address necrophilia, leaving serious offences unregulated. Moreover, Section 69's treatment of "deceitful means" in sexual relations raises issues regarding consent, particularly in contexts involving job offers or promotions. Section 152, which deals with threats to national sovereignty, could lead to overly broad interpretations that impede free expression. Additionally, Sections 84 and 88 reveal gender biases and outdated perspectives on marital rights and women's reproductive decisions. These challenges highlight the urgent need for further review and reform to ensure BNS fulfils its goal of creating a just and equitable legal system.