by IJLMH | Dec 30, 2018
In contemporary India, under section 375 of the IPC, a limitation still exists against criminalizing marital rape. The rate at which this heinous and barbaric crime is committed in India is extremely high and is compounded by the fact that it is not recognised as a crime. This paper explores how marital rape is a black thorn within our society and recognises the adverse effects caused by its impact. The archaic thought process behind not introducing legislation to criminalise marital rape permits our society and culture to remain stuck in its orthodox ways and hampers progress. It encourages patriarchal undertones in the Indian law and protects the men who met out cruelty to their wives. It also explores the various fundamental rights of women that are violated due to the heinous act of marital rape being inflicted on them such as the right to equal protection under the law, right to life and liberty, right to privacy of sex, right to discretion over body, etc.
by IJLMH | Dec 30, 2018
Every individual has got the right to access on quality and affordable medical care. The individual right to access is coupled with a right to access of medical treatment and the right to refusal of such medical treatment. The paper aims to address the issues with regard to refusal of medical treatment by pregnant women. The right to refuse medical treatment is closely related to informed consent. A comparative study on the refusal of treatment as a right in different legal systems particularly among the developed countries has been made. Under the common law the right to refuse medical treatment is based on the concept of bodily autonomy. The right to refusal of treatment by pregnant women is exercised on the basis of religious, privacy reasons etc. The English Law has got clear picture on the right to refuse medical treatment, which was laid down in Cruzan v. Missouri Department of Health. The Indian position in this regard is still vague because of some existing principles regarding bodily autonomy and abortion laws. The state interest in the Maternal – Fetal conflict has been identified. The Courts have recognized the four counter availing measure for the , states interest that may be used to override a patient right to refuse treatment on the basis of prevention of suicide, preservation of life, protection of third parties, lastly the preservation of ethical integrity of medical profession. The Courts evolved the States interest in fetal life as a justification for compelled treatment.
by IJLMH | Dec 30, 2018
This paper is dealing with the issue of tracing the history of police reform in relation to the custodial violence or other police excess in India. The police reform process is going on since late 1960s till this date without any visible progress in sight, and with this paper it can be highlighted that it’s time to start taking actions on the issue of custodial violence. To understand and trace out the history and present status of police reforms, reference was made to several reports of law commission, National police commission and other committees. Based on these reports and supreme court guidelines, it was established that no steps was taken to reform the police which can minimize custodial violence and police atrocities, so it is time to take steps to implement police reforms in accordance with the reports and recommendation of several committees.
by IJLMH | Dec 30, 2018
It is the fundamental duty of mankind to protect the environment that nurtures us within the warm embrace of its biosphere. It is most unfortunate, that the human race has devoted its intelligent efforts in systematically devastating nature and depleting the natural resources that have, since time immemorial, caressed us with its natural ways. The Industrial age has mercilessly shattered the branches of the biosphere and the fragile arms of the flora and fauna. Mankind, realizing the state of urgency to protect the environment for its own selfish needs, has developed lofty ideals and a voluminous literature on rules, regulations and laws. Mankind boastfully proclaims to have unleashed a wave of environmental consciousness by virtue of constitutional provisions, penal safeguards and civil ideologies in the sphere of Indian jurisprudence. However, with the rapid explosion in the incidents of environmental crimes, it can be deduced that such preventive measures are emblematic of a pompous exercise rooted in futility. The environment can be protected only when it is personified and regarded as a being that has a compendium
of rights of its own. Hence, an efficacious solution to check the alarming levels of environmental crimes is to confer upon the environment a legal personality so that its claims, rights and duties can be delineated. The Human Race, should in turn consider the environment as an animate being that can get injured by deforestation, that can sense pain by the discharge of noxious gases and fumes and that needs to be healed and nursed when industries trample it down.
by IJLMH | Dec 30, 2018
Washington D.C. has become the third US state to declare death penalty as unconstitutional. Death sentences have been frowned upon and debated over on the basis of its constitutionality as it fails to create the deterrence for which it was legally established. Justice Fairhurst, the Chief Justice of Washington Supreme Court in the case of State of Washington v. Allen Eugene Gregory, has declared death sentences to be unconstitutional on grounds of it being imposed in an arbitrary and racially biased manner, reducing all death sentences on aggravated first degree murders to life imprisonment. The paper aims to comment upon the aforesaid case, canvassing the historical perspective on death sentences in US in general and Washington in particular, the facts pertaining to the case, the issues raised relating to the constitutionality of death sentences in Washington, the proportionality review and its severability and revisiting of Gregory’s guilt phase arguments. Subsequently, the judgement pronounces death penalty to be in contravention of Article 1, Section 14 of the State Constitution which deals with excessive bails, fines and cruelty in punishments, proportionality review has been declared to be a constitutional mandate and cannot be severed and the law of the case doctrine bars review on revisiting Gregory’s arguments. Further, the authors have analysed the judgement to opine that though the imposition was arbitrary and racially biased, but striking down death penalty will definitely reduce the deterring factor attached with penalties for grave offences like murder. Additionally, the evidentiary value and reliability of statistical reports had also made this case a turning point in life of judicial history, as the defendant has relied on Beckett & Evans analysis to substantiate his arguments. Finally, the paper juxtaposes the implications this judgement is likely to have after its pronouncement on the capital state of USA
by IJLMH | Dec 30, 2018
The paper aims to dissect whether Cricket is a discriminatory sport or not. It will look at what has led to Cricket becoming a Gentleman’s game and how did this systematic discrimination has occurred? And due to what reasons? The proposition of the paper is that it is the origination, politics, institutional practices accompanied with political agenda and stereotypes which has made Cricket a man’s world.
There are various reasons which has contributed to women not being equal participants in Sports. It ranges from the perception of women being physiologically inferior to men, lack of strength, women being allocated places in private then in public an all these values reflect in the upbringing of kids. It leads to disparity between Men’s and Women’s game. Capitalism, Patriarchy and men in Politics have further contributed to this partiality. The paper is divided into four parts:
• Historical Aspect
• Social Aspect
• Economic Aspect
• Constitutional Aspect
