by IJLMH | Aug 28, 2018
The State of Jammu and Kashmir occupies a unique position in India by way of it being the only State to negotiate its terms of accession to the Indian Territory. This special status has also been conferred on the State Constitutionally by way of Art. 370, and has to a wide extent been responsible for mounting contentions between the Centre and the State.
In recent times, the debate around the special status of the State has garnered swelling public attention in light of the various petitions filed in the Supreme Court, regarding the constitutional validity of Art. 370 and Art. 35A of the Indian Constitution. The question that formed the mainstay of this article was the question of permanency or transitional nature of Art. 370 and whether Art. 35A violates rights of citizens of India as enshrined in the Indian Constitution. The conclusion that has been reached with respect to both these aspects is regrettably, in the affirmative.
To appreciate the question of constitutional validity of both these provisions, it is essential to understand the historical events that led to the introduction of these articles in the first instance, along with legal arguments that provide explanations as to the wisdom and irrationality of their inclusion. This research article provides an outline for the same and attempts at providing a clearer presentation of the legality of the provisions themselves.
by IJLMH | Aug 28, 2018
The concept of Artificial Intelligence (AI) is a complex issue and affects almost every sphere of modern world. The basic idea behind artificial intelligence was the concept of creating machines which can think and act like humans. The concept of AI has gained such momentum in the recent years that it has become a topic of discussion not only for the students but also for, academicians, lawyers and policy-makers.
With the topic being of so much relevance, it is bound to affect several laws once it is actually implemented. In light of the above development, the research in the research paper attempts to discuss:
a) Overview of the AI technology
b) Historical evolution and definition of AI
c) The manner in which global AI revolution is taking place
d) The patent eligibility jurisprudence involving AI technology and a comparative study concerning the patent eligibility of AI under United States Patent law and the Indian IP laws.
e) The substantive requirements in light of judicial decisions on AI technology to be patent-eligible.
f) The future ahead of AI by examining the potential for legal systems to adapt to technological change.
by IJLMH | Aug 28, 2018
The present democracy is witnessing a major shift in terms of the fundamental structure of the Constitution of India and the doctrine of separation of powers. The Indian Constitution has surpassed the test of time, however, the tussle between the three organs namely, the Legislature, executive and Judiciary is slowly growing due to various issues emerging in the fast developing country. This article intends to throw light on different times when Judiciary has been criticized for taking a leap greater than its own Jurisdiction, attempting to draw more clarity on the concept of Judicial overreach from the perspective of all the three organs. Without getting into details of the intricate matters pertaining to Judicial interpretation and Judicial Activism, it attempts to analyze and estimate the judiciary’s take on such claims made about it by the two organs.
by IJLMH | Aug 28, 2018
The right to internet usage has now become a human right, as declared by the United Nations Human Rights Council in June 2016. The number of internet users are rapidly growing in India as well and the idea of a modern India has had a strong focus on science and technology for its all-inclusive development.
In this research paper, the authors shall analyze the role of the increase in technology, thereby, easier access to internet and social media platforms as a major cause of increasing cyber-crimes against women in the Indian society. The netizens, women in particle, are more susceptible to the criminal activities carried out by means of internet, which is also referred to as cyber-crimes.
The judiciary along with the police department and the investigative agencies should be boosted up with the modern web-based applications in order to be a step ahead from such perpetrators.
The legal remedies available under various piece of legislations dealing with the menace of cyber-crime have been focused upon. The role of government in the current legal scenario and the accountability of the government is also discussed in detail.
The focus will also be on the various factors resulting in the increase of cyber-crimes against women and the effects of such crimes on the victim.
The paper concludes by considering the loopholes in the system, that neither the provisions of the Indian Penal Code, 1860 nor the Information Technology Act, 2000 satisfactorily deal with such offences and fail to provide adequate safety measures to curb the same.
Lastly, the author(s) recommends certain necessary measures that need to be taken in order to address the issue of cyber-crimes against women in a holistic and effective manner.
by IJLMH | Aug 27, 2018
The duty of supporting the infant children is necessary to be enforced for the preservation of our race and the duty of maintaining aged persons is equally necessary to be enforced for his happiness. Growing old is a natural process that every human undergoes in one’s lifetime. It basically refers to the decline in the functional capacity that occurs due to physiological transformation. Senior citizens are an asset to a society with their pool of varied experiences, ideas, knowledge and expertise. The moral duty to maintain parents is recognized by all people. However, so far as law is concerned, the position and extent of such liability varies from community to community. Most senior citizens are unaware of their rights, either because of illiteracy or lack of awareness. Various international attempts have been made by the UN General Assembly 1991 to address the concerns of senior citizens . United Nations have also declared 1st of October as International Day for older persons. Various national efforts have also been made to protect the interests of the old aged. In India at present there are very few legislative measures to protect the elderly people’s rights. But there are various schemes and policies introduced by the Central Government from time to time for protecting the interests of the aged persons and that could be reached only by the minimum population of the concerned category. The reason might be lack of implementation on one side and lack of awareness on the other side. Hence, this paper is an attempt to analyze the legal and constitutional rights of aged persons, policies and schemes introduced for the benefit of senior citizens in India and also highlight some information about its working and implementation.
by IJLMH | Aug 27, 2018
In this Article an attempt has been made to analyse Section 84 Indian Penal Code which deals with the defense of insanity in criminal law. ‘Insanity’ is a word that does not have any precise definition, however , broadly it refers to the varying degrees of mental disorder. In Section 84 instead of the word ‘insanity’ the term ‘unsoundness of mind ‘ is used to broaden the scope of the word. This Section is mainly based on the famous Rule of M’Naghten evolved by the English Courts and hence in this Article brief mention of the M’Naghtens rule is made.
To provide an accused the benefit of Section 84 it must be proved that at the time of commission of the offence his cognitive faculties were so impaired that he was not capable of knowing the nature of the act .
Section 84 was subject to a number of interpretations in the various decisions of the Courts which throw important light on the various words used in this section. In this Article those case laws are being dealt with.
