by IJLMH | Dec 30, 2020
The Indian Contract Act, 1872 is the administrative law for the contracts. It includes various provisions relating to definition, formation of contract it’s procedure, essential elements, termination and various other provisions are included in it. Under the Act the meaning of the contract is given as, “Contract is an agreement which is enforceable by law”. So, first of all to form a contract there much be an agreement and for agreement there must be promise or a set of promise, acceptance, lawful consideration, competency and a legal intent. Therefore, these all are the essential elements of the contract, these elements play a most important role in the formation of a contact under the Act. An offer shall be made by either of a party and when that offer is accepted by the other party with a promise to something by taking a valid consideration then only it will become a valid agreement. When all these essential elements are fulfilled in an agreement it can become a contract, which is enforceable by law. All contracts are agreement but all agreements are not contact.
by IJLMH | Dec 27, 2020
As per the 2011 census, there are over 480,000 transgender people in India. Trans gender persons are the most marginalised and vulnerable group within the LGBTQ community. Transgender persons have historically faced a range of discrimination by the State and citizens. The society, often, fails to realize and care for the trauma, torture and pain which the members of transgender community go through. Transgender persons have been routinely criminalised, discriminated against, deprived of access to education and employment. They had to bear the brunt of criminal threats as they were on the streets forced into begging and sex work. They have faced sexual and physical violence, even been killed due to their gender choices. To protect the trans community from the historic abuses the Transgender Persons (Protection of Rights) Bill was introduced by Ministry of Social Justice and Empowerment on 19 July 2019. The Bill received presidential assent on 5 December 2019. The Act came has been in effect since 10 January 2020. The 2019 Act and the immediately preceding 2018 Bill, were both preceded by a 2016 version. They were met with protests and criticism by transgender people, lawyers, and activists in India. The government 2016 Bill was sent to a standing committee which incorporated, the Supreme Court judgment on National Legal Services Authority v. Union of India (2014), in its recommendations. The NALSA judgment and Standing Committee report tried to provide a “comprehensive approach”. They have mentioned transgender community ranging from social stigma, discrimination, public health care to employment opportunities, issue of various government documents. Unfortunately, the Act ignore many recommendations of the Standing Committee. It also fails to accommodate the Supreme Court directions. As a result, it caused outcry among the transgender community, lawyers and activists in India. In this article the researcher tries to analyse the loopholes of the Act and why it is failed to stand up to the expectation.
by IJLMH | Dec 13, 2020
The modern era is the era of science and technology. As we reach the 21st Century, industrialization, revolution, developments in each and every sphere have brought about tremendous changes in the modes of reaching the masses, spreading awareness and subsequently stimulating growth. This research paper offers a detailed account of the analysis of various social media sources to understand how they impact the promotion of various government policies formulated by the government. The main theme which covers the observations is “Law in Statutes v. Law in Practice” which further explains the dissonance that exists between the purpose with which the policies are formulated and the actual impact they have on the individuals. Nothing can be implemented in the same form as it exists in statutes. This research paper is structured in a manner that initially it analyses the role of cinema in influencing government policies which is followed by an elucidation of the role of television advertisements as they bring forth the policies to the notice of general public. Furthermore, the research paper provides a portrayal of the roles played by radio and print media in promoting the government policies. The research paper is concluded with a sociological perspective as it stands in relation with law.
by IJLMH | Dec 13, 2020
The relationship between International Court of Justice and United Nations can clearly be analysed from the perspective of United Nations Charter and the way it demarcates the capacities of the various principal UN organs and regularize the practise of their simultaneous powers. However, the Court is responsible for playing a dual, fluctuating role. As per Article 92 of the Charter, It is the only and main judicial organ in the United Nations and moreover, it also enjoys the position of an independent body with adjudicative function, and according to Article 38 of its Statute, performs the duty of applying international law to various disputes among the states as are filed before it. On focusing the primary functions performed by the other major organs of UN we observe that either directly as in the case of the General Assembly and Security Council which directly elects the members of ICJ or indirectly as in with the other organs like the Economic and Social Council which on several occasions themselves become dependent on the advice given by ICJ on concerned matters.
United Nations’ primary objective is to maintain peace and security to the member nations which on a larger extent is fulfilled by the International Court of Justice. Keeping the same view, the paper will magnify in researching the role of ICJ along with the study of contemporary case laws brought before ICJ, while primarily focusing on the interrelation and the impact of the working of ICJ on the other major organs of the United Nations.
by IJLMH | Dec 12, 2020
Hinduism is not just a religion but is a way of life. It has shown since long time that dharma is the key factor for a greater life. Dharma is not law; it is way broader than the concept of law. Jurists like Mayne acknowledge Hindu Law as the oldest pedigree of jurisprudence and it is still standing against all odds. Hindu legal theory derives its concepts from many sources such as Dharmashashtras, Smritis, Shrutis, Vedic literatures, Bhagavat Gita, Puraanas, Upanishads, epics like Ramayana and Mahabharata etc. The jurisprudential aspects of these sources have helped and are still helping us to interpret laws and understand its importance in current times.
The Hindu Legal Theory deals with the origin of law, its correlation with the state, conception of the term law by various people such as Manu, Jaimini and many more, law as duty and law with respect to morals and religion. This paper deals with the interpretation and understanding of these concepts by jurisprudential perspective and understands its relevance and existence in currents dynamics also. There are various statutes in law but in Hindu Law customs and usages were given equal importance as the laws which are written and as we know that the customs and usages are ever dynamic the concept of Hindu law has also evolved but the roots are still intact and have stood the test of time. Supreme Court and different High Courts time and again have interpreted the term dharma and other concepts of Hindu law and decided the cases based upon such interpretations. So, the understanding of Hindu law with jurisprudential perspective will be useful in understanding its relevance in current times.
