by IJLMH | Apr 6, 2019
Decency varies from place to place, person to person. With the progress of the society and change in the lifestyle of the people, standard of propriety etc. keep on changing. So with the passage of time, the meaning of decency kept on changing, the degree of morality and decency also took a new look. The 21st century is known as the age of the information and scientific development. In the traditional society exposure of women through advertising, painting, publications or otherwise was not accepted but today it has become a fashion. In the present era, Women, instead of being portrayed as sex objects or glam dolls should be projected in a proactive and empowered manner, which can have maximum impact on the society and bring about an attitudinal/ behavioral change among people towards women. The Indian Constitution in its Preamble, not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. Within the framework of a democratic polity, our laws, development policies, plans and programmers have aimed at women’s advancement in different spheres. India has also enacted various laws to secure equal rights of women. The Indian Penal Code in Section 292, 293, and 294 IPC mentions laws to curb obscenity. In spite of all these provisions, there is growing indecent representation of women or references to women publications, particularly in advertisements which have the effect of denigrating women and are derogatory to women. Therefore the Indecent Representation of Women (Prohibition) Act 1986 was legislated to effectively prohibit indecent representation of women through any publication, media or advertisement. This paper attempts to discuss laws relating to obscenity & indecent representation of women. The research paper concludes with suggestions through with the problem can be dealt with in an efficient way. My paper would emphasize on the following point.
by IJLMH | Apr 6, 2019
Marine Scientific Research has as noted under the UNCLOS has a limited application. It only covers the international waters and not the territorial sea. However the fact that marine scientific research has a wide scope when states undertake cross boundary research. The developed countries on most occasions choose the waters of the developing country as it is believed to have less stringent regulations. This many a times lead to dumping at the cost of affecting the natural resources on the name of fair use as a part of marine scientific research. This article articulates the thin line between the two terms and its application in the international law especially the concerned treaties like CBD and London Convention. The article emphasizes the same by demonstrating the current popular scientific research i.e. Ocean fertilization and the London protocol brought in to regulate the concerns.
by IJLMH | Apr 6, 2019
The expression ‘Social and Economic Justice’ involves the concept of ‘Distributive Justice’ which connotes the removal of economic inequalities and rectifying the injustice resulting from dealing or transaction between unequal in society. It comprehends more than lessening of inequalities by different taxation, giving debt relief or regulation of contractual relation; it also means the restoration of properties to those who have been deprived of them by unconscionable bargains; it may also take the form of forced redistribution of wealth as a means of achieving a fair division of material resources among the members of society.
Social justice is concerned with the distribution of benefits and burdens. The basis of distribution is the area of conflict between rights, needs and means.
The Constitution of India has solemnly promised to all its citizens justices-social, economic and political; liberty of thought expression, belief, faith and worship; equality of status and of opportunity; and to promote among the all fraternity assuring the dignity of the individual and the unity of the nation in three parts, one is Preamble as I mentioned before, second Fundamental Rights and thirdly through Directive Principles.
In this paper, an analysis has been made as to how the social and economic justice removes inequalities and provides for proper distribution of benefits through the provisions of The Indian Constitution.
by IJLMH | Apr 6, 2019
Pornography is not only a morally problematic issue in India but also in every corner of the world. A worst and unfavourable impact of the technology can be seen in this era where pornography’s composition is 33% in the world-wide net. The word pornography is defined as “anything written, any photograph, any movie etc. intended to arouse sexual excitement.” The main problem regarding pornography is that there are various technically specialised issues while banning those sites which exhibit pornographic items and how it violates the fundamental rights of speech and expression and to access to the free use of internet which causes a very ill impact on the upcoming generation. Under Section 67 of Information Technology Act 2000, pornography is held as a punishable offence. Therefore, there is an ongoing controversy between the rights of users to access the internet content and legal provisions regarding that particular content. In this article the researchers have tried their level best to discuss various issues and challenges of pornography in India, through various articles, online data, case laws and books. One third of the internet is covered by pornographic content which is resulting in men trying exploiting and suppressing women and children and committing various offences of unnatural sex. To stop this exploitation of women and children, a strong control of law is needed. Through this article researcher highlights pornography, its legal provisions and judicial control over it. Researcher sheds a light upon the adverse impact of porn on society, children and women and recommends strong control of law over it.
by IJLMH | Apr 6, 2019
Corporate Crime is also known as Organisational or Occupational crimes, in White collar crimes. Corporate as a separate legal entity differ from natural person its crime committed by the Corporation and they are liable and guilty for the act. An employee of the corporation held liable for the crime committed? In the preview of the question, under the concept of vicarious liability Corporation held liable and not the employee. Corporations have currently became an integral a part of our society, and with development of firms they need become vital actor in our economy, our society runs within the risk of obtaining exploited by these corporation, and so they must be deterred too. The problem of company crime is exclusive and complicated attributable to many reasons, the first one being the character of company form. The extension of the vicarious liability to offences of mens rea led to the event of company criminal liability. The present paper discuss about the History, nature and type of corporate crime, Liabilities, Doctrine, developing on capital Markets.
by IJLMH | Apr 6, 2019
With the growth of internet, the trade mark law met with the issue of new type of trade mark infringement that are committed on the internet by way of ‘cyber- squatting’ or ‘domain grabbing’; key word advertising and the problems that the omnipresence of the internet poses to the principle of ‘territoriality’ of the trade mark law. The trade marks are distinctive signs whose pivotal function is not only to identify the product but it also serves as an indication of the source for the consumers. The trade mark law protects the interest of the traders and the consumers’ altogether. It is generally seen in the sphere of E-commerce that unfair trading of trade mark usually takes place whereby the cyber- squatters who has no legitimate interests in the domain name and usually in bad faith, registers the domain name which is identical or somewhat similar to the trade mark of the proprietor, for example, where some unrelated party registered www. penneys.ie. Hence, the online consumers have no assurance as regards to the reliability to the source from which they are buying and what actually they are purchasing except for the domain name. The problem of cyber- squatting arose in late nineties in which the traditional trade mark action involved the use of the trade mark in the course of the trade.
