by IJLMH | Aug 29, 2018
This research paper relates to the understanding of the term trafficking in the context of displacement of humans and the consequences that follow with regard to such trafficking in case of women and also to see and find out what the international legal instruments provide for as protection to the victims.
In this paper, the authors intend to indulge into a completely analytical discussion about the various international covenants and reports applicable to the topic of trafficking of women. At the very onset, the researchers decline to give a very clear understanding of trafficking, for the instruments which will be analyzed, are limited to that extent.
The paper will go into the historical backdrop of anti-trafficking regulations and their racial basis and then trace their development and evolution to the current international legal regimes.
In connection with such instruments, it will be shown how they fall far short of providing any kind of effective check to trafficking activities or any remedy to the victims because of their inherent weak composition. Such weaknesses of the international legal regime and its instruments will be pointed out and its connection with the expanding problem of trafficking will be highlighted too.
The paper will also seek to give certain inputs in its conclusion as to how the loop holes which are present can be remedied or how the entire system of operation of the instruments can be revamped and changed.
by IJLMH | Aug 29, 2018
This Research paper throws light on the dematerialization of shares prior to an IPO and its purpose is to eliminate the benami system, tax evasion, black money transfer and etc. from the market by bringing more transparency in the transaction of shares. When we say prior to an IPO or pre IPO that means it is about the companies which are not available to the public on the stock exchange market i.e Unlisted Companies. Decision to implement dematerialization system in listed companies was enacted in the year 2011 itself so as to make the stock exchange transaction transparent whereas on the other hand unlisted companies were exempted from the implemented act concerning dematerialization, in the year 2011. However, on March 2017, it was observed that India consists of 1.17 million active companies in which about 80,000 to 90,000 such companies are recognised as unlisted companies and on noticing such large number of active companies falling in the category of unlisted companies, government (MCA and SEBI) in the month of June, 2018, decided to make it compulsory for all the unlisted public and private companies to convert their physical shares into dematerialized form before 5th December 2018 with the purpose of eliminating benami holding, tax evasion, black money transfer and etc.
by IJLMH | Aug 29, 2018
The historical case of Indira Gandhi v Raj Narain gave rise to unprecedented happenings and ultimately led to declaration of emergency. The bare reading of the case makes it is very evident that the series of events which led to emergency was driven by thirst for power. The case dealt with lot of issues dealing with the violation of provisions of Representation of People Act, 1951. This article does not deal with the issues dealt by the Supreme Court but instead narrows the scope of the article to one of the issues dealt by J Sinha when the case was before the High Court. Thus, this article seeks to go in depth and analyse the issue of whether the procurement of Air Force Planes by her to reach election meetings in furtherance of her election prospects amounted to corrupt practice u/s 123(7) of the Representation of People Act, 1951.
by IJLMH | Aug 29, 2018
Migration is taken up as an international agenda and given recognition under article 1 of GATS 1995. The history of human existence was based on this particular idea and there was a time because of industrialization, there were measures taken to increase migration. However, the preceding phase saw regulations and restrictions being imposed as this created a burden on the economy of the countries. The General Agreement of Trade and Tariff was set up by WTO for the smooth functioning of trade. However, this paper argues that the issue of migration is not limited to the economic opportunities, rather it can be based on a number of events like natural calamities, war, better quality of life, higher income. Therefore, the question comes down to whether WTO id the right organization who can regulate laws relating to international migration?
The Mode 4 application is based on the same principle of MFN and each country has to commit their service sector through schedule of commitments. So, in reality the countries do not open certain service sector and use methods like VISA rejection without any valid reasons. Also Mode 4 is tilt towards high-skilled educationalist and not the labour force. The purpose of this paper is to show that WTO has expanded and exceeded its power regarding this particular issue. The reasons behind this is the hoax idea of development and the power play that is still persistent in the world through international organizations. The scope for negotiations and creating a different platform of migration would definitely help.
by IJLMH | Aug 29, 2018
This paper was written with the objective of making a comprehensive project which will highlight and bring into light, the human and labor law violations that take place in China. China has various labor laws and regulations which guarantee labors certain basic human rights. However, at the ground level, there are various violations of the same in order to push the economy and industries of the country forward only to become the second world largest economy in the world. However, everything comes at a price and the same is being paid by the citizens of the country. This paper offers an insight into the atrocious violations that take place behind the façade of China being a probable superpower.
by IJLMH | Aug 29, 2018
As human rights are equally applicable to all the human being on this planet, irrespective of religion, sex, caste, race, place of birth etc., it is the duty to all human beings to protect the rights of each other. Here, this Article is focused on the countries of SAARC region and their vulnerable groups, as the numbers of cases of violation of human rights are highest in this region. There are various reasons behind these violations in different countries. Relations between and among the nations, social, economic, political and religious conditions and cultures or customs are responsible for this. Besides this, victims of war also fall under this category and sometimes State laws are also responsible for violation of human rights. As the weaker sections of societies are the prime victims, almost every State has adopted some International laws, Declarations, Treaties along with their own laws to protect the vulnerable sections of the society. In addition to all the foregoing, it is the duty of all to protect the rights of others who are not able to protect their own right and not to violate the rights of other people. For this purpose, proper education, wide knowledge and total awareness is needed to promote the human rights and in this regard the governments and NGOs should take initiatives to regulate, monitor and proper implementation of human rights. Until an individual gives a full scope to another person to enjoy his or her right as a human being, that very person cannot claim his rights as a human being.
