by IJLMH | Aug 28, 2018
Transgender community in India has a great history where they enjoyed dignity and privileges during one period and abolishment of the same in other. According to Hindu mythology and text there are three identified genders- Male, Female, and Trans but the laws provide protection to just male and female. Transgender people have their own struggle and fight for their rights as a human and a normal being. One such right is the right to inherit property from their parents or family. This paper will discuss the lacuna in the prevailing legislature which does not recognize transgender rights in the field of inheritance laws according to their gender identity as Trans. The paper further investigates the initiative taken by various international organization and countries for the upliftment of the transgender. The paper will also talk about the latest Supreme Court judgment for recognition of LGBTQ and the transgender bill introduced in the year 2016.
by IJLMH | Aug 28, 2018
Consumers are an integral part of the society. But the importance of consumer was only recognized in primal societies but with the advent of time Consumer became a victim of exploitation. With the evolution of unfair trade practices, the introduction of consumer rights also became necessary. The Consumer Rights and the Responsibilities are intertwined together. So the rights & responsibilities are the two faces of the same coin. Consumer Rights were envisioned by the activists of the West. Consumer Rights tend to safeguard consumer interest. Some unfair trade practices like under-weighing & adulteration led to the birth of Consumer Rights. Consumer protection rules are built on the premise that consumers are the weaker party to the transaction, but consumer’s responsibilities are evident too. The second face of the coin lends a duty on the consumers also.”If you live for having it all, what you have is never enough.” –Vicki Robin. This quote leads to the fact that rights alone cannot guarantee Consumer Protection. Responsibilities ought to be considered a paramount parameter to check Consumer Protection. In a major case, State of U.P & Ors v. All U.P Consumer Protection bar Association, the S.C had asked Centre to frame rules for effective implementation of Consumer Protection Act. The Rulings like these are intended to empower the consumers.
by IJLMH | Aug 28, 2018
The concepts of Fugitives have been present in the world from time immemorial, however the concept of Economic Fugitives have sprung up recently when major frauds have been done in the Economic areas. It has been overlooked from a long time while due to the recent events the need to legislate a law that covers the loopholes Earlier legislation like FERA, FEMA and SARFESI Acts, while these acts have loopholes and to fill the loopholes, Fugitive Economic Offenders Bill 2018 was a step towards repairing these loopholes and this article analysis the pros and cons of the bill. The article then further analyses about the International perspective, how the other countries deal with the Economic outlaws and lastly we discussed that is this Ordinance is filling loopholes of the previous laws which are not able to deal with this issue or failed to do so.
by IJLMH | Aug 28, 2018
Wartime sexual exploitation has been a concerning issue since time immemorial, whereby the victimisation of women is pervasive and extremely atrocious. The psychology of treating rape as a ‘tactic of war’ highly impacts the physical and mental state of the victims. The psychological warfare of sexual violence is a technique to humiliate the enemy nation who are unable to protect their women and children, which results into the exploitation of women’s body and soul and in turn, ruptures their very existence. Not only rape but women are also subjected to genital mutilation, forced prostitution and sexual slavery during the times of social unrest. This research paper contemplates the recognition of the sexual violence as an international crime and deals with the far-reaching consequences of the same. Furthermore, it also makes an attempt to prescribe various reformative and preventive measures to eradicate this prevalent evil.
Sexual Violence is not an inevitable part of the conflict.
Elizabeth Wood.
by IJLMH | Aug 28, 2018
The inception of administration of justice is largely centered upon witnesses coming forward and deposing without pressure or enticement before a Court of law. The very institution of the criminal justice system gets annihilated if witnesses are threatened and incapacitated from tendering substantive evidence to the Court. The criminal justice system must endeavor to accomplish the intricate balance of conflicting interests of the accused, the victim and the society. The necessity of fairness permeates in every practice and process of law. It is beyond the bounds of possibility to pursue truth and preserve the operating principles of a fair and just trial without credible and valuable evidence. The prevailing state of affairs in India with respect to conduct of legal proceedings is not very assuring. In the absence of any statutory protection, the witnesses are debilitated in every which way from giving a truthful testimony, leading to the derailment of the entire trial. This paper aims to study the significance of the role of a witness in a criminal trial, the inadequacy of current laws in India for protection of witnesses and its implications along with a comparative study with the laws and witness protection programs across the world. This paper follows the approach of secondary research and seeks to add to the existing literature with respect to criminal justice system and the need to protect the witnesses while exploring the measures undertaken in this regard globally. The author concludes with highlighting the imperative need for an independent legislation for witness protection in order to vindicate and uphold the concept of fair trial.
by IJLMH | Aug 28, 2018
Rule of Law in simple words refers to the supremacy of law of the land over any other thing or person. There has been no concrete definition of rule of law but one of the most known definition was given was A.V. Dicey who based his definition on three pillars namely, Supremacy of Law, Equality before Law and Predominance of Legal Spirit.
India adopted the Rule of law from the common law system of justice which had its roots to the British Jurisprudence. The judiciary in India has played a leading role in giving a proper shape to the Rule of Law in India. Through its various judgments the court has taken a positive approach and by taking a dynamic view of the provisions of the constitution, it has ensured that the Rule of Law is enforced in its true spirit.
The very idea of Rule of Law is enshrined in the constitution of India. It can be inferred from the preamble and the very fact that it declares India as a sovereign state. Over many years, courts have taken help of Judicial activism to increase the scope of the rule of law through various provisions in the constitution.
Even after so many efforts of the framers of the constitution and the judiciary, the implementation of the Rule of Law is not full proof in India. Things like outdated legislature and overburdened courts are some of the problems which hamper the smooth enforcement of the same. Therefore, the concerned authorities like the parliament, the judiciary, the law commission and various other authorities need to take the required steps to ensure smooth implementation of the Rule of Law to ensure it is enforced in its true sense.
