by IJLMH | Jul 16, 2018
LGBTQ community has suffered a lot since time immemorial and even when we are in the 21st century, there is constant fight ongoing over their basic rights. The situation got much attention when leading NGO working for LGBTQs filed a petition to strike down section 377 IPC as it has discriminatory affects on LGBTQ persons. Moreover the mindset of highest authority also came into highlight when the high court’s decision was struck down and raised much hue and cry. In this paper, author tries to analyse this regressive judgement and its consequences.
Keywords: LGBTQ, NAZ case, Constitutional Rights
by IJLMH | Jul 16, 2018
The right to privacy is our right to keep a domain around us, which includes all those things that are part of us such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose. It is also considered as a right to be left alone.
Earlier, the right to privacy was not included in the fundamental rights. Right to privacy was neither inclusively nor explicitly stated anywhere in the constitution and was completely subject to interpretation. It developed over a long period of time. The early two judgements denied from declaring right to privacy as a fundamental right and said that it is merely a statutory or a legal right but the landmark judgement on August, 2017, declared the right to privacy as the fundamental rights of the constitution. The nine judge constitution bench headed by CJI JS Khehar ruled that “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under article 21 and as a part of the freedom guaranteed by part III of the constitution” . The judgement concludes that privacy is a necessary condition for the meaningful exercise of other guaranteed freedoms. The right to privacy is not absolute in nature and has some reasonable restrictions. Under the article 19 of the constitution, it can be limited only by fair, just and reasonable procedure established by law .
The article calls for constitutional amendment made by parliament, its evolution and its impact on other domain of law .
by IJLMH | Jul 16, 2018
This article elucidates the process of application of concept Social Protection to combat international terrorism for achieving and maintaining the goal of international peace and security For this, it focuses on illustrating the role and application of the international organisations in the international platform in combating terrorism. The various anti-terrorism legislations have been described in detail, and subsequently, an analysis has been made to determine their use as a tool of social protection for achieving the aforementioned goals.
by IJLMH | Jul 16, 2018
As the human race is developing advanced levels of information and communication technologies and have considerably reduced the time and amount of data required to exchange the information from one point to another irrespective of time and space constraints, there is a negative aspect to this development that involves circulation of false information that is giving a force of jolt to a group of people who are ready to react without looking into the authenticity of such information leading to Mob lynching. And then there are elements in the society who, for their personal or political gains, give a boost to such behavior of the masses, compromising on the very fabric of the society of democracy shadowed by Mobocracy. Just as if a piece of information starting with the words, “The Scientists believe that” does not mean that it is a reliable information, same way the masses have to question every information on social media whether is authenticate or not. But some people due to a busy and a “slaves of technology” life style, read the social media headlines and believe with full faith that if it’s on social media, it has to be true. The situation has worsened in recent times due to circulation of false information on social media such as WhatsApp, which has led to incidents of Mob lynching. Triggering Mob Lynching is becoming a recent trend through WhatsApp messages. Nevertheless, such incidents can never hide from the gaze of judiciary, as recently the apex court has given directions to the government to curb the menace of Mob-Lynching through legislations on the same. As per the slew of directions given by the Hon’ble Supreme Court, says that it is the duty of the government, whether at Centre or the state, to ensure law and order and to provide “preventive, remedial and punitive measures” to deal with mob violence and cow vigilantism to name a few
by IJLMH | Jul 16, 2018
The ceaseless debate about legalisation of marijuana have raised moral, legal, economic concerns in the country. From being tagged as a potential cash crop with tremendous medicinal value, it has also been termed as being poisonous for both soul and mind.
Marijuana has been closely integrated with the history of the most ancient civilizations known to have existed. Documented texts with reference to cannabis date back to 2000-1400 BC, which describe cannabis as sacred grass.
The debate regarding marijuana has been a controversial issue. The Government of India issued the first ever license to grow medicinal cannabis for research purposes. The official license holder is the Council of Scientific and Medical Research. CSIR work in collaboration with the Mumbai based firm, the Bombay Hemp Company (BOHECO). The aim is to develop medicine from cannabis in the form of extracts, pills and patches. The medicinal cannabis is stated as the most important medical need in the country which is unmet.
Another considerable issue is the legalization of marijuana in India. Ministers like Maneka Gandhi, Dr. Dharamvir Gandhi, Tathagata Satpathy have voiced their support of legalising marijuana a number of times. However the possessions, trade, transport and consumption of marijuana is banned under the Narcotic Drugs and Psychotropic Substances Act of 1985. Thus, the intent of legalisation of marijuana is not in consonance with the NDPS Act,1985.
The author has made an attempt to understand various religion and its stance regarding marijuana, effect of marijuana and Indian legislation related to Marijuana.
by IJLMH | Jul 16, 2018
This article deals in the understanding of the concept of right to privacy in India. This article focuses on analysing right to privacy of India as well as other countries. Many jurists have asked the question whether right to life include right to privacy, author has used various cases and quotes for better understanding of the same and how countries evolved through the same.
For many years now, right to privacy has served as a constitutional limit on governmental power. Despite being the most integral part of the human being and dignity it have received very less attention so much so that it was very difficult to arrive at a conclusion with respect to scope and limitation.
The article focuses primarily on the development India went through while accepting right to privacy as a part of right to life under Article 21 of the Indian Constitution. India has gone through various stages from Aadhaar to Section 377 of Indian Penal Code (Unnatural Offence). The countries like U.S.A, U.K and Canada have been used to study.
Keyword- Article, Human, Law, Privacy, Private.
