by IJLMH | Jul 16, 2018
In this paper the author would like to emphasis on the status of women in society and sacred place. There are many places where the condition of women is not good and they are being still discriminated and denied from using their right to worship at the sacred places. The Paper also lays due emphasis on the fundamental rights that is being violated by the concerned religious organization under the garb of customs and traditions, as the author believes that everyone irrespective of his gender, caste and creed are equal before constitution and therefore God. The Paper also touches upon this affirmation of values of equality, justice and human rights that has been reinforced by the Supreme Court by allowing the women to worship in religious places which were earlier prohibited. Every class of society is not equal. Biggest reason for inequality is the deep inequality in the society.
by IJLMH | Jul 15, 2018
A “tort” is “[a] private or civil wrong or injury, including an action for bad faith breach of contract, for which the court will provide a remedy in the form of an action for damages.”The pages of the history unveil the inevitability of the common law system for ages that has been based on judicial precedents that tackled problems on case to case basis. There are codified laws for most of the offenses but it is impractical to foresee all the wrongdoings and create laws for the same in advance.This paper deals with the emerging and evolutionary form of law that came into existence with the increasing toll of unpredictable cases. There has been a shift towards a relatively new form of law, ‘The Law of Torts’ as a means to protect the public. The well-being of humanity is gaining its pace, making way for the Law of Torts which focuses on bringing forth harmony in every sphere. This paper explains the significance of this required harmony and thereby of the Law of Torts.The paper also seeks to highlight the nature and essential prerequisites of the Law of Torts. The objective of the paper is to trace the historical evolution of the Law of torts and its current status and importance in the Indian Society. Furthermore, it establishes on the growth of this law in India. Lastly, the paper delves into analyzing the need for codified legislation in India and concludes by suggesting the necessary reforms and an international comparative study with the way Law of Torts is founded in other countries.
by IJLMH | Jul 15, 2018
Make in India is an initiative of the Government of India to encourage multi-national, as well as domestic, companies to manufacture their products in India. It was launched by Prime Minister Narendra Modi on 25 September 2014. When you import goods from another country, the lead time for you to order and bring goods to India is much higher, while if you manufacture in India, the lead time gets reduced, say from four to five weeks to two to three weeks. That was a key reason for the decision to “make in India”. It is a challenging area to try to maintain the business and make it successful within the constraints of an economy like India, because for producing export quality goods for both domestic consumption and exports manufactures should be supported by a wide enough consumer base for good quality products. Therefore manufacturer are encouraged to keep costs down, thereby limiting their ability to move up the quality index.In the circumstances, India’s manufacturers have two choices – ‘Make for India’ or ‘Make in India’ for export markets. “Make in India” and “Make for India” are qualitatively different choices. The former leaves the manufacturers entrapped in a low-level equilibrium, exit from which is very difficult. The latter choice – ‘make in India’ for external markets – requires technological and professional expertise, which only a handful possesses, and an enabling infrastructure and policy environment, which is sorely deficient. A lot of reforms are needed to make foreign direct investment (FDI) into India more attractive to doing business, India isn’t quite ready for the big time. Therefore any campaign to ‘make in India’ by ‘making for India’ is unlikely to achieve intended results, at least in the medium-run.Keywords:- Make in India, Make for India, Manufacture, equilibrium, FDI, external market
by IJLMH | Jul 14, 2018
Dying declaration has been a crucial evidence which cannot be neglected as at times the deceased is the sole witness hence the dying declaration is an important piece of evidence which cannot be ignored. This research extensively highlights the main aspect of a dying declaration i.e., the scope, the forms and the admissibility of such statements in the court of law and also the exceptions to the dying declaration. It argues that the veracity and trustworthiness of the dying declaration varies from fact to fact. In addition, lack of consistency makes a dying declaration vulnerable to the situation of inadmissibility
by IJLMH | Jul 14, 2018
It is a well-known fact that discrimination either racially or based on ethnicity is a moral wrong and also it is violating the right to equality. The Justice system we have in every country differs. It’s all about ensuring safe environment and solving disputes in an orderly manner. Further, even in today’s world there is racism’s existence. In every society at least one person is being racially discriminated. According to the Indian Constitution, Article 14 of the Constitutions says that “The state shall not deny to any person equality before the law or the equal protection of laws within the territory of India Prohibition of discrimination on the basis on grounds of religion, race, caste, sex or place of birth”. In India, the laws related to discrimination is the Anti-Discrimination and equality bill, 2016. The Australian Human Rights Commission have got in the laws that operate at the federal level and these laws help safeguard their citizens from being racially discriminated: Age discrimination Act 2004, Racial discrimination act 1975. In the US, the laws related to racial discrimination are The Civil Rights Act of 1964, The Equal credit opportunity act, Voting Rights act of 1965. In UK, we have the Race relations act of 1965, International convention on the elimination of all forms of Racial Discrimination 1965.Keywords: Discrimination, Moral wrong, Race, Ethnicity, Justice, India, USA, Australia.
by IJLMH | Jul 13, 2018
“Trans people deserve something vital. They deserve your respect and from that respect comes a more compassionate community, a more empathetic society and a better world for all of us.”- Caitlyn JennerHomosexuality as the word itself defines is making of love within the same sexual orientation or having a romantic interest in the person of the same gender. It is a type of sexual orientation which together makes a LGBT group which stands for Lesbian (referring to female homosexuality), Gay (referring to male homosexuality), Bisexual and Transgender confining homosexuals, bisexuals and transgender. As biologists say, it occurs in people not out of choice but by the interplay of hormones and genes which becomes the sole reason of its prevention from being condemned.As society has an age old practice of not accepting changes easily, be it modernisation, acculturation or a new type of sexual orientation, it has not yet accepted the emergence of the transgender or homosexuals in the society. Such people are still the victims of humiliation and condemnation. They do not possess liberty to make out their love to the one they want. The world had a long battle of transforming the society which includes the general acceptance of homosexuals all over the world. Many countries like France, Australia and Germany etc. have survived the battle but some countries like India and Pakistan are still struggling hard.The major issue of discussion is the country called India where even after so many years of Independence, people are finding difficult to open up their minds, to accept Trans people as normal human beings in the society. Even the Supreme Court in the case of Naz Foundation v. Govt. of NCT, New Delhi held the view in negative and states that the Indian Society has not yet grown up to accept same sex marriage in their periphery. The decision was highly criticised by the LGBT community and as of now they have understood that still they have a long battle to fight in order to get their rights.
