by IJLMH | Feb 25, 2019
Kerala’s Sabarimala Temple issue is about the conflict between women rights and tradition. The situation revolves around the age-old customs and SC’s verdict which gave supremacy to constitutional morality over these customs.
The Rule 3(b) of the Kerala Hindu Places of Public Worship [Authorization of Entry Rules, 1965 (Rules 1965)] which states that “Women at such time during which they are not by custom and usage allowed to enter a place of worship” was the basis of the practice of excluding women from the age group ten to fifty years to enter the temple. These Rules were framed under Section 4 of the Kerala Hindu Places of Public Worship (Authorization of Entry) Act, 1965. In 1993, a division Bench of the Kerala High Court had upheld the entry ban saying it is usage prevalent from time immemorial. The HC had further held that only the chief priest was empowered to decide on traditions.
A five-judge Constitutional bench of Hon’ble SC ruled 4:1 in favour of allowing women of all ages to enter the temple. It found the practice discriminatory in nature and that it violates Hindu women’s right to pray and practice religion. It also ruled that devotees of Lord Ayyappa do not constitute a separate religious denomination as they do not have common religious tenets peculiar to themselves other than those which are common to the Hindu religion.
by IJLMH | Feb 25, 2019
This Paper provides a concise summary of patent damages in US and India. Any person who invent something which is new as well as unique, which can help in reduction of cost that every class of people get the benefit of the invention, and also, improvement of technologies. On this invention he/she can get a patent for a period of twenty years, and during this period if any person is using, selling the invention, he shall be liable for infringement and patentee or patent holder has right to claim damage from infringer, patent can be extremely important for the patentee as well as world. The general question is that damages will depend on the country where you infringe. Different countries have different laws. In US law, provides Damages in section 35 U.S.C. 284 and the Indian Patent Act 1970, no express provision has been provided, but section 108(1) talks about Damages.
by IJLMH | Feb 25, 2019
“While the King indulges in war, the civilians die.”
-Bengali proverb
Oxford dictionary defines ‘War’ as “A state of armed conflict between different countries or different groups within a country”. War leads to the path of destruction. War not only takes away the life of millions of people but also left a disastrous effect on future generation for long time. Some suggests that war is a weapon to eliminate evil. Some warmongers also gave excuses in the favour of war as it is an instrument to wipe out evil. It is also opined that by some group that war is the ultimate choice to establish peace. That’s why question lies that if humanity and basic human rights breathed its last by the way of violence at war then how peace will be established. To restore human right if war is the need of the time then that should not be at the cost of innocent civilian’s mortem. This research will analyse present protective measures available for civilians trapped in the war and will try to provide better solutions.
by IJLMH | Feb 25, 2019
A chain of brutal rape cases in India has shattered the nation to its core. In our country where on daily basis nearly or approximately 106 rape crimes committed per day , what are the steps taken or the laws made to stop these crimes? And whether the laws made are seriously implemented? In this paper basically we are talking about the role of the judiciary in providing better justice to the rape victims. This paper will consist of the committing of the heinous crimes like rape, the independency of judiciary which many times go beyond its powers to provide justice to the rape victims, another thing is how forensic science or forensic evidences helps or assists in favour of the survivors or victims of the rape, how judiciary has changed from the past, what are the differences between its past judgements and the decisions in current scenario. Here many cases have been cited with their judgements to show the judicial trials or efforts to provide justice. The very popularly known as Nirbhaya case has been discussed in this paper, which shattered the whole nation. And because of this incident many amendments were introduced to the laws of the country whether it is in constitution or in the statute (Indian Penal Code). These amendments are also have been discussed in this paper and the verdict of the verma committee set up immediately after the Nirbhaya Case. Mentioning of magnifying of punishments given to the accused of the offences so that such crimes can be stopped in the nation.
by IJLMH | Feb 25, 2019
As the field of personal Law could be an immense field therefore we actually have restricted the scope of this research paper to the fault ground theory of divorce under Indian personal law. With about 27 million Divorce cases are pending in various courts across the country, Indian judiciary is struggling to clear a Huge backlog and at least over 90 million people are waiting for Justice. Under all the Indian Personal laws, dissolution of marriage relies on guilt or fault theory of divorce. In the whole research paper, we have discussed about pendency of divorce cases, Res Judicata and somewhat about irretrievable breakdown of Marriage. As irretrievable breakdown of marriage also play a significant role in pendency of divorce case due to absence in ground under section 13 of Hindu Marriage Act, 1955. The main thing focused on applicability of Res Judicata, that is matrimonial cases is not applicable to this rule on a subsequent suit. According to judgement given by Justice of Uttarakhand High court, proceedings for judicial separation under section 13 of Hindu Marriage Act, 1955 will not be barred by principle of Res Judicata, due to prior proceedings for restitution of conjugal rights under section 9 of the Act. The research paper analyzes the common aspects between the provisions of the varied personal law statutes.
by IJLMH | Feb 25, 2019
It is estimated 187,000 suicide deaths in India in 2010, and almost half of all suicides (92,000) were due to pesticide self-poisoning. Addressing the problem of suicide is hindered by the underreporting due to stigma and fear of negative consequences on the part of survivors and affected families. Status of attempted suicide in India is ambiguous. Section 309 of the Indian Penal Code (IPC) states: “whoever attempts to commit suicide and does any act towards the commission of such offense shall be punished with simple imprisonment or with fine. The Mental Healthcare Act of 2017 introduced a public health approach in India and was heralded as decriminalization of attempted suicide. The Act states, “Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. Government has a duty to “provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to suicide. Despite the passage of this act, there is no evidence that approach to treating suicide survivors in India has changed. As in cases of suicide and attempted suicide, if a person is admitted to hospital, still staff needs to open medical-legal case (MLC) and report it to the police. Even though Section 309 of IPC is rarely enforced (ref), there is a widely shared perception in the community and among government officials that suicide and attempted suicide is a punishable offence leading to negative consequences and persecution for survivors and affected families. This perception increases stigma associated with suicide, pushes the problem underground by discouraging suicide reporting and help – seeking behaviour.
