by IJLMH | Apr 5, 2019
For a warrior, nothing is higher than a war against evil. The warrior confronted with such a war should be pleased, Arjuna, for it comes as an open gate to heaven. But if you do not participate in this battle against evil, you will incur sin, violating your Dharma and your honour.
– Bhagavad-Gita 2.31
The word cyber and its relative dot.com are probably the most commonly used terminologies of the modern era. In the information age the rapid development of computers, telecommunications and other technologies has led to the evolution of new forms of trans-national crimes known as “cyber crimes”. Cyber crimes have virtually no boundaries and may affect every country in the world. They may be defined as “any crime with the help of computer and telecommunication technology”, with the purpose of influencing the functioning of computer or the computer systems. The extent of loss involved worldwide of cyber crimes is tremendous as it is estimated that about 500 million people who use the Internet can be affected by the emergence of cyber crimes. Cyber crimes are a very serious threat for the times to come and pose one of the most difficult challenges before the law enforcement machinery.
by IJLMH | Apr 5, 2019
LGBT community includes lesbian, gay, bisexual and transgender and Section 377 introduced in 1861 criminalises sexual activities against the order of the nature including gay sex. This ban has been challenged by five high profile petitioners who says that they have been living in the fear of being punished and that section 377 is against Article 14 which is equality before law, Article 15 which outlaws discrimination and Article 19 which gives freedom to form associations. The Supreme court while hearing the case has observed that we cannot wait for majoritarian government to decide on law if it violates Fundamental rights. The petition has come from various members of LGBT community including Sangeet Natak Academy Award winner Navtej Johar, journalist Sunil Mehra, Restaurateur Ritu Dalmia, Neemrana Hotel chain co- founder/ chairman Aman Nath and business woman Ayesha Kapoor. This verdict lay the foundation for future battles as to how people are affected and not being able to report the crimes. section 377 of Indian Penal code was refers to unnatural offences under law i.e., intercourse against the nature and it was said to be unscientific in nature. Act committed under section 377 shall be punished with imprisonment for life or imprisonment which may be extend to 10 years, or shall also be liable to pay a fine. This section infringes the right to equality, dignity, fraternity, life liberty and non- discrimination of the people of LGBT community. The core values of constitution of India consists of these basic rights and since the times are changing so it’s the responsibility of judiciary and legislature to change or modify the old laws, after all it’s a British law and it is over 150 years old. India is one of the most religiously and ethically diverse nations in the world and there are diverse religion, age, sex and other backgrounds so decriminalising section 377 is the foundation of democracy. It preserves the right of equality, right to dignity and privacy of LGBT community. The court decriminalises and read down the section 377 of Indian Penal code and said it is illegal and unconstitutional in nature.
by IJLMH | Apr 5, 2019
Intellectual property contains various types such as trademark, patent, copyright, geographical indication, industrial design etc. Intellectual properties which are tangible can only be protected through IP rights. These properties like any other properties can be sold, mortgaged, licensed, exchanged or gifted. Patent is one of the major type used in the pharmaceutical market. Patent is a contract between the applicant/inventor and the government, where the government provides full protection to the invention of the inventor for a specific period of time, which means that without the permission or consent of the inventor nobody can use his creation. The usage of drugs and medicines has never gone out of business and people are also present who are willing to pay high amount of money for it. In India large part of the population are unable to afford medicines for themselves as the poverty ratio is very high in compared to other developed countries. India has always tried to improve its pharmaceutical law by implementing and amending the Patent Act time by time. With the rapid growth of industrialization it is very difficult to maintain a healthy completion between the pharmaceutical markets. India being a member of Trade Related Aspects of International Trade (TRIPS) since 1994 has mandate the protection and need of drugs and medicines needed for the poor. Major changes through 2005 amendment has been introduced in Indian Patent Act 1970, such as section 3(d), compulsory licensing, transfer of patent rights etc. In this article we will see how amendment has been done for restricting the big companies in abusing their dominant position, with special reference to the Novartis case.
by IJLMH | Apr 5, 2019
The term “intellectual property” has come to be globally recognised as covering patents, industrial design, copyright, trade mark, and confident information. Patent, design and trade mark considered as different kind of industrial property. But copyright and confidential information were included in the term “intellectual property”.
The scope of intellectual property is expanding rapidly. The laws relating to intellectual property are based on certain basic concept 1. The patent laws centers round the concepts of lack of anticipation and lack of obviousness 2. Design laws based on originality of design not previously published in any country 3. Substantives laws and trade mark is based on the concept of distinctiveness and similarly of marks and similarity of goods 4, copyright is based on the concept of originality and reproduction of work in any material form. These all concept has significance in intellectual property law.
These rights protect creations or work from unfair use by others. These laws help in protection of all inventions, literacy, or artistic work.
by IJLMH | Apr 5, 2019
In this article we will study about restitution of conjugal rights. Conjugal Rights refers to those rights which are accrued upon the persons by status of being married. There has been a constant debate relating to constitutionality of restitution of conjugal rights, for this it is necessary to understand the topic in detail. There are certain elements which need to be proved that the rights of the person have been truly violated; these are that there should be actual withdrawal by either the husband or the wife, from the society of other partner, it should be without a reasonable cause. This decree ensures that the person can force his partner to live with him or her against that partners will. Thus, this act of forcing the person to live with the person against the will was challenged in the court of law. It was first observed in the case of T. Sareetha Vs T Subbaiha, in which the court held that the decree was unconstitutional as it is violative of certain rights of the person guaranteed under the Indian constitution, and it was immoral to force any person to live with a person against will. It was after some time that the High Court of Delhi in case of Harjinder Singh Vs Harvinder Kaur held that the decree was constitutional as it is a positive relief which aims to protect the marriage rather than end it on a small matter. This view of the High court was supported by the Supreme Court in the case of Saroj Rani vs Sudarshan Kumar Chadha, and it also declared the decree as constitutional and overruling judgement of the lower court given in the case of T. Sareetha Vs T. Subbaiha. In this article we will also study about decree for restitution of conjugal rights from an international perspective and also try to analyse the same from judicial as well as societal point of view to finally decide whether the same is still relevant in today’s time or not.
by IJLMH | Apr 5, 2019
Right to privacy is a right which has now been recognized as a fundamental right under the Indian Constitution by the Indian judiciary in a recent judgment. Right to privacy came to be an important issue after the Aadhaar controversy which dealt with the collection of intimate data of the citizens of India. This right has evolved over judicial history and it was until now that it was ignored. Activities infringing privacy have time and again been justified in the name of law maintenance. Article 21 provides for Right to life and liberty and it is not only the Indian Constitution that recognizes it, and it has also been the view of various jurists from Aristotle to Bentham who have discussed the concept of privacy of Individual in their philosophies.
