by IJLMH | Apr 6, 2019
This research has examined the problem related to the child sexual abuse and the victimization of the innocent child. A child sexual abuse represents the threat to the safety and well-being of our children. Child Sexual Abuse is a devastating crime, with long-term negative impact.
The paper mainly tries to focus the areas on which child can get justice. The paper tries to cover the new law in context as well as the suggestions regarding to the upliftment of the child to give them a secure future.
by IJLMH | Apr 6, 2019
Confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed the crime. The Criminal Justice System in India is adversarial in nature and requires the prosecution to investigate prove the guilt of the accused person. Self-incrimination is a situation whereby the accused either by compulsion or force is made to provide a statement against himself by the prosecution. Article 20 (3) protects the accused person from self-incrimination. Right to remain silent is an essential of fair trial and every accused has the right to fair, just and equitable procedures to be followed in each stages of the trial. The Indian Evidence Act renders inadmissible any statement which amount to confession made by the accused when under the custody of Police. A confession made when under the influence of any inducement, threat or promise is also inadmissible. Section 161, 313 and 315 of the Code of Criminal procedure, 1973 provides a presumption which provides a conducive situation in favour of the innocence of the accused. The adequacy of the present legislative measure in preventing the abuse of power by the police and self-incrimination is analysed.
by IJLMH | Apr 5, 2019
Drug is defined to mean a chemical which is given to a person in order to treat or prevent an illness or disease. Although today, a major portion of the consumers of drugs use it for the pleasant effect it provides the user. The issue of drug abuse has tremendously increased in the recent years proving it to be danger to the society. There have been instances of eminent personalities suggesting to legalize drugs in the recent past. There have been studies that have revealed the advantages and disadvantages of using drugs. It is a well-known fact that drugs like marijuana and ketamine are very useful for medicinal purposes and age old and finds its place in the Vedas as well. Likewise, legalizing drugs may also help curb the unethical or illegal production and selling of drugs at exorbitant prices in the black-market. Thus, legalizing certain useful drugs with restrictions of usage and trade of the same would be productive.
Although the other side of the coin does have enough drawbacks of the usage of drugs to quote, such as overburdening the society which is already dealing with the problems of alcoholism and tobacco addicts.But these can be kept under control by a sound and well-placed legislation to that effect. To be precise, decriminalizing the use of medicinal drugs and the restricted use of it for the treatment should be done along with restricted and controlled production, distribution and use of these medicinal drugs. The rest shall be kept illegal and criminalized. Such a legislation if comes into effect would prove to be useful to the public at large.
by IJLMH | Apr 5, 2019
Joint family is a fundamental aspect of Hindu Law in which the concept of joint family is where their common ancestor and his male lineal descendants along with other members such as wives, daughters, unmarried persons who stay together under one roof sharing everything in common. In both the school i.e. Mitakshara and Dayabhaga. The concept of joint family property is the area which makes each of them different from one other. For every Hindu there will be no escape from the Joint Family, may be in one generation or other the Hindu will come into the existence of Joint Family automatically. Therefore it is mentioned under the Hindu Laws that there is a presumption that each family will be considered as a Joint Family. So under this article would be focusing more on the concept of Hindu Joint Family involved and the major roles played by of Karta, Coparcenary in handling with the Joint Family Property. Apart from all the above will come into the major difference between Mitakshara and Dayabhaga.
by IJLMH | Apr 5, 2019
Medical malpractice is a serious issue in India and is globally deteriorating millions of lives daily. Medical Malpractice is a legal cause of action that arises when a medical professional deviates from standard professional practices and injures the patient. In common law jurisdictions, medical malpractice liability are normally based on the laws of negligence. A recent survey carried out by National Law School of India University (NLSIU), Bangalore, has pointed out that medical negligence in India has gone up by 400% in the last decade. Every individual deserves the best possible healthcare facilities and if one pays for the best services, he or she deserves faultless treatments. In a world that is health-conscious, people rush to the doctors and place unwavering faith on them. Now the question is whether these people are getting the care they deserve and whether their life is valued as it should be? This article legally analyses one of the most common medical malpractice in India- medical negligence.
by IJLMH | Apr 5, 2019
E-commerce is growing at a fast speed in India as India is seen as a producing a sizeable and profitable market for e-commerce business. However, e-commerce laws in India are still not clear to most of the e-commerce entrepreneurs. As a result most of the e-commerce websites are not following the laws of India and are inadvertently (without knowledge) violating the laws of India. Regulatory authorities of India have started questioning the operations of e-commerce websites of India and many of them are facing potential legal actions.
The tussle is not merely between the regulatory authorities and e-commerce website owners but it also extends to disputes between e-commerce websites and their consumers. Most of the consumers are not aware about their digital rights while dealing with such e-commerce companies and websites. At the same time there is lack of forums and dispute resolutions platforms for digital consumers in India where they can agitate their claims. In short, e-commerce dispute resolution in India is still to be managed by Indian Government.
With the rapid development of the Internet and electronic commerce, dispute resolution mechanisms are needed to help resolve disputes between parties located anywhere in the world in a manner that is fair, expeditious and cost effective. ADRs are evolving with new technologies, making it possible to solve a dispute through electronic mechanisms of which Online dispute resolution (ODR) has been labelled “a logical and natural step” for the resolution of disputes that arise on the Internet without the physical presence of the parties involved.
This paper presents the ODR phenomenon with a specific focus on policy-making and regulatory problems in India. It argues that the current regulatory framework for online dispute resolution is, to a large extent, defective. Existing deficiencies result not only from a lack of comprehensive ODR law, but also from the weaknesses of the other modalities of regulation: market, norms and technology. Arguably, the current “hands-off” approach to regulating ODR has been unsuccessful, and it is time to re-examine that position.
