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INTERNATIONAL JOURNAL OF CREATIVE RESEARCH THOUGHTS - IJCRT (IJCRT.ORG)

International Peer Reviewed & Refereed Journals, Open Access Journal

ISSN: 2320-2882 | Impact factor: 7.97 | ESTD Year: 2013

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  Published Paper Details:

  Paper Title        

A LEGAL BURIAL TO THE FUTILE CASE OF THE KOHINOOR DIAMOND IN INDIA

  Authors

Neha Kathrin Joson

  Keywords

Cultural repatriation, trade interests, property rights, History of India, Kohinoor, jurisdiction, legal burial, Foreign Affairs ministry, absolute ownership.

  Abstract


The sacrosanct issue of cultural repatriation is built on the foundation of human values and its historical significance, which goes beyond the trade interests and property rights paradigm. One such issue is the never ending dispute over the ownership of the Kohinoor diamond, a magnificent piece of jewelry which holds great significance in the history of India. The main aim of this research paper is to establish a legal pathway to retain such a precious artefact by tracing back the identity and connected destiny of this precious stone. As there seems to be no records that support the absolute ownership of the diamond, the research paper aims in connecting the legal and non-legal aspect. But as per the latest order of the Supreme Court of India, the matter can only be taken up in the International forum as the possession of the diamond is currently with Britain. Hence, as the Indian legal system is absolutely helpless in this situation only the foriegn affairs ministry of the country could bring a plausible justification to the same. The never ending battle for the Kohinoor in the Indian Courts has undergone a legal burial after all as the Bench proclaimed that it has no jurisdiction and with no power to take up the case the legal system is helpless. Hence, the historians have to succumb to the efforts of repatriating the diamond leaving them to establish in their textbooks that the British stole the Diamond from a young Indian prince over a contract that was drafted way back in time.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2002248

  Paper ID - 192128

  Page Number(s) - 2028-2033

  Pubished in - Volume 8 | Issue 2 | February 2020

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

Neha Kathrin Joson,   "A LEGAL BURIAL TO THE FUTILE CASE OF THE KOHINOOR DIAMOND IN INDIA", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.8, Issue 2, pp.2028-2033, February 2020, Available at :http://www.ijcrt.org/papers/IJCRT2002248.pdf

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ISSN and 7.97 Impact Factor Details
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ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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