by IJLMH | Apr 4, 2019
Traditionally, in India environmental problems used to be addressed through private law doctrines such as trespass, nuisance, strict liability or negligence in India or remedies available under Indian Penal Code or Criminal Procedure Code.As per section 268 of the Indian Penal Code, 1860, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. The object and purpose behind section 133 CrPC is essentially to prevent public nuisance which involves a sense of urgency in the sense that if the magistrate fails to take course immediately irreparable danger would be done to the public. The provisions of chapter X CrPC should be so worked as not to become themselves a nuisance to the community at large. Although, every person is bound to so use his property that it may not work legal damage or harm to his neighbor, yet on the other hand, no one has a right to interfere with the free and full enjoyment by such person of his property, except on clear and absolute proof that such use of it by him is producing legal damage or harm.
by IJLMH | Apr 4, 2019
The concept dealt with in the article is relatively new and an evolving notion. The subject matter of the article was in the media spot light for a good number of days recently. It is much discussed yet mysterious topic. The discussion on the concerned subject matter was quite limited by the news agencies of our country. It was limited to only a hand-full of learned and scholarly people. All the debates and discussions held were beyond the understanding abilities of semi-educated and uneducated masses of our country. Hence, it becomes crucial to explain the topic in detail. The theme of the article has deep connections with prestige and national security of our nation. The article aims at bringing out the meaning and nature of eco-terrorism. It discovers the ways through which terrorism can be spread using natural environment. It also takes into consideration missuse of the concept in current world scnerio.
by IJLMH | Apr 4, 2019
We live in a country like India which is one of the fastest growing economies of the world and aims to become an economic superpower. However, we forget to take into account the fact that it is not possible for India to become an economic superpower unless we are able to achieve ‘equal pay for equal work’. After all, a recent McKinsey study found that advancing women’s equality can add US$12 trillion (S$16.8 trillion) to global growth.
The problem of unequal pay for equal work can be studied under various heads like how the constitution guarantees it, where can discrimination be allowed and where it can’t be and most importantly in terms of gender pay gap.
Also, various industries, including entertainment industry, which is considered to be a progressive one faces the problem of gender pay gap as actresses, even in many women centric films earn much less than the male actors in the film. This fact holds true for various other industries too.
This paper thus attempts to give importance to these issues along with finding various legislations that are there to solve the problem at hand. Certain case laws, articles, statistics and other data including interviews would be collected and analyzed to enhance the research and come up with a meaningful research paper.
by IJLMH | Apr 4, 2019
The cyberspace is being taken up by a new form of crime that includes repetitive attempt by one person to contact another thereby causing a sense of threat in the mind of such other person. This emerging crime is popularly known as “cyber stalking”. The authors have made an attempt to deal with the issue of cyber stalking which is a newly coined phenomenon. In first chapter, there is discussion on cyber stalking and then, the types of cyber stalking are mentioned. It is followed by differences between physical and cyber stalking. The authors have focused on the legislative provisions as are mentioned in the Information Technology Act, 2000; and Indian Penal Code, 1860. Lastly, the authors will give a few prevention measures to be followed on everyday basis against cyber stalking and the concluding remarks.
by IJLMH | Apr 4, 2019
The basic principle or the objective of the competition laws all over the world is to protect the consumers and to prevention such “practices that harm the normal routine market practices between the independent parties who aim or who are competing for a larger slice of the market. The Single Economic Doctrine lays down that irrespective of the legal status of two or more enterprises can be said to form a single entity for the purposes of competition law”. “The concept of the Single Economic Doctrine was enumerated by the European Commission in 1960s and now it has been accepted in India also. The main reason behind the evolution of the Doctrine is that a subsidiary does not take a decision independently, and when its parent company is involved in a particular business it is a normal course of business that they would decide together,” in fact it is the parent company that decides and the subsidiary follows and thus when they both agree together, they should not be treated differently but rather they should be treated as a single economic entity, as such an agreement cannot be said to be anticompetitive. In the present paper, the researcher will discuss upon how the SEE Doctrine has evolved all over the world especially by referring to European cases and the US cases. Further the paper will discuss upon how the SEE Doctrine evolved in India and it will also state as to the present scenario of the applicability of the Doctrine in various situations. Lastly the paper will try to critically analyse that whether the current applicability of the Doctrine is adequate or not. For the preparation of research paper, the author has mostly referred to the secondary resources like online journals, books etc. to which the author has access.
by IJLMH | Apr 4, 2019
Child sexual abuse is a grave issue in India. Sexual abuse is a trauma which can contribute to arrested development and emotional disorders that some children may never overcome. Sexual abuse is the widespread issue which should be taken into consideration. When sexual abuse is not reported and children may not given the protection and assistance which they need, they left to suffer in silence. This article discusses causes and consequences of the sexual abuse of children in India. Socio-cultural and familial risk factors involved in CSA are discussed.
Child abuse is harmful for the children as well as for society. Child abuse occurs in all cultural and ethnic groups. Child abuse can be classified as physical, emotional and sexual or through neglect. In some cases through child abuse can cause serious injury or may result in death. Gender violence – rape, sexual abuse, sexual harassment is a serious issue which should be resolved as soon as possible. There is very small scrutiny done in this vast topic in India and not many volume have been written on it.
Providentially, the child sexual abuse issue is becoming more identifying issue, and because of it, this paper will centred around on child sexual abuse: the laws, victims, and perpetrators.
