by IJLMH | Aug 29, 2018
Immigration plays a vital role in determining the flow of trade, ideas, information and people. Looking back at some historical events like the colonization of America, immigration of foreigners because of war or internal disturbance in their countries and other similar events, an inference can be drawn that they have helped in shaping the present United States. Hypothetically, if people stopped moving to other places it would result in a stagnant phase in the world’s economy, as the movement of people facilitates exchange of goods, services, information and also strengthens international relations.
One prominent leader of United States who contributed to the nation’s economy as well as immigration policies is Barrack Obama. Termed as the nation’s first African-American President, Obama held the office of President from 2009 to 2017. Immigration Policies being an important matter of concern for United States was also a subject on which President Obama took action upon. President Obama implemented Deferred Action for Childhood Arrivals (DACA) policy to protect those immigrants who had migrated to United States below the age of sixteen years. Further, he also supported the bill for DREAM Act but the legislature refused to pass it. Even though he took several positive action for immigrants, the rate of deportations escalated during his first term of presidency.
The present President of United States is critiqued for his rude remarks and spontaneous actions all over the world. In his one year of serving as the President of United States, Donald Trump has made more headlines than any other President of United States. After Donald trump became the President, the RAISE Act was passed that aims to raise job quality and opportunities for the Americans. Till now in his term the deportation of Somalis has increased by almost fifty percent and he has also imposed a travel ban from counties like Iran, Iraq et cetera. There are many differences that can be seen between Obama and Trump and their respective Immigration policies. Keeping in view the impact these political leaders have made in the Immigration Policies of United States this research project will critically study and highlight the differences between the Executive Orders and Policies undertaken by them.
by IJLMH | Aug 29, 2018
Through ages, women in India have had to face atrocities at all stages of life in various forms. In a matrimonial relationship they have had to suffer mental and physical trauma and yet they were expected to stay loyal and obedient to their husbands. With the adoption of a rights-based Constitution, this lowly position of women has been sought to be changed. Many legislations have been enacted to protect the women and their rights from being infringed and thereby giving them freedom and power to oppose the atrocities being committed on them. Cruelty in a matrimonial relationship was recognized as a ground for divorce in as late as 1976 through an amendment in the Hindu Marriage Act, 1955. Cruelty against husbands by the wives surfaced up not very long ago and is an equally important issue of concern. This paper attempts to study cruelty as a ground of divorce in India in the present context especially pertaining to the Hindu personal laws.
by IJLMH | Aug 29, 2018
The following article talks about the various situations which describe the nature of constitutionalism in India. It traces the history of judicial review in the sphere of amendments and the various political scenarios surrounding them.
by IJLMH | Aug 29, 2018
The need of regulation of the Real Estate Market arose from the increasing malpractices in the real estate market where the consumers had to bear a lot of risks such as delayed delivery, title of the property, quality of the facilities provided, and necessary changes etc. before they decide to purchase. The Real Estate Regulation (Development and Authority) Act, 2016 came up with a primary objective to restore the faith of consumers by regulating the business practices and transactions in real estate sector. This whole standardization procedure involved establishment of Real Estate Regulatory Authorities at state level for facilitating the development of the real estate sector and a customer oriented procedure wherein the interests of the customers cannot be harmed. Now the risk borne by the customers is transferred to the developer. Provision of an escrow account, no advertisements allowed without registration with RERA, punishments and compensations in case of delayed delivery, etc. left no room for developers to absorb the other costs incurred by them so they may be transferred on the customers by the way of price increase. Instead of increasing the sales, price hike of 40 per cent within a week of enforcement in some states, led to the decrease in total sales, which were already soaring due to Demonetization. There were other challenges faced by the States in establishing the Regulatory Authority as per the central Act and a lot of controversy occurred in respect of penalties, wherein some states did not enforce the penal provision in their subsequent Act and Rules for enforcement of RERA.
by IJLMH | Aug 29, 2018
Evergreening generally refers to layering of same product with the help of various patents which is helpful for a company to obtain monopoly for a long period of time. Patent plays an very important role in pharmaceutical industry since innovation in this sector are quite costly, development of drugs is very lengthy and expensive process but patent provide full opportunity to the company to gain profit. But if company layers his same medicine with various patents it will lead to ‘evergreening’, which ultimately exclude the medicine for a long period of time from public domain and also restrict generic manufactures to come into play. A generic drug is a drug which is produced and distributed without patent protection. Brand names companies use various kinds of strategies such as ‘next generation drugs’, ‘strategic patenting’, ‘over the counter switch’ and continues application practice. Patenting system also build some kind of defence wall for tackling immoral situation in patent layering such as Section 3(d), judicial precedent, Bolar provision and scheme like orange book in U.S.A. Additional layer should only be granted if the proposed medicine had some additional therapeutic efficacy mere minor modification in the medicine should not be qualified for additional patent
This paper will discuss about the patent ‘evergreening’ in pharmaceutical sector and its effect on production of generic drugs, and discuss various techniques and strategies practiced by the brand name company for expanding their patent, measures taken by government for restricting such practices for the emergence of generic drug manufactures. Basic question in this paper is to evaluate that how the libertarian approach in patent system will exploit the interest of poor customers of country where most of the person are not able to afford high cost medicine and various any kind of remedies are available against such kind of exploitation.
by IJLMH | Aug 29, 2018
The paper aims to highlight the status of women in Hindu and Muslim religious personal laws and providing the glimpses of the effects of such personal laws on the lives of women. To achieve the objective of the paper, extensive research has been done and the analysis has been so penned down. To begin with, origin of the concept of religious personal laws and their selective reform by the State has been covered and aptly described. Current status of women in Hindu and Muslim religious personal laws are illustrated which includes how the shape of religious personal laws has repercussions for the design and scope of other laws. Effects of such laws on the lives of women of every strata of the society are covered. This paper further puts forth and analyses the current situation of personal laws with respect to women in India and the same have been discussed in the light of existing statutes and case laws. Landmark judgments have been used to further understand the judicial aspect of the laws prevalent in the society. Dilemmas like why this disparity still exists and what impacts it will have on the future generations are critically analyzed. An argument for a re-conceptualization of categories that allow for pursuing differences and justice together is developed.
