by IJLMH | Feb 28, 2019
In this the researcher has tried to discuss about concept, nature of LGBT people, discrimination on the ground of sex in the society it results in violation of their rights including fundamental rights and human rights. The researcher also tried to give focus on legal definition and its scope, lacunas, issues and challenges before LGBT minority people in India. The whole aura and entirety of the conditions and the trials faced by this community. The way it has evolved and treated. By the olden society it is controlled into the minds of those who still believe it to be some sort of mental illness or a crime. Bringing the notion that how India is working on it and how the citizens are dealing with the openness of this. People around the world face violence and inequality on the basis of how they look or who they love. This barriers and socially unwanted stigmas be removed and this place be made a safe haven for all types of people and also rights be equally distributed amongst all here. The constant pressure and eyes upon the activities and the idea of LGBT makes some small minded people to put up more force upon them and make their living a hell out on earth. What else one wants is to be understood and to live freely with head held high and to get the love they deserve. Human beings are human beings they should be treated the same and like.
“I do not consider myself just an ally to the LGBT community. I consider myself your family. And so I am doing what we should all do with our families: I am loving you. I support you, I completely accept who you are.”
– Anne Hathaway
by IJLMH | Feb 28, 2019
Justice is imperative as being able to stand up against injustice is important in maintaining our human dignity and strengthening the belief that our legal system isn’t stacked in favour of the rich and powerful. In India, the vast majority of population find it difficult to get access to courts and in turn, to justice. The Constitution of India has provided for Constitutional articles (Article 39A, Article 14, and Article 21) that guarantee the citizens the right to access to justice. However, in practice, injustice is unbridled across the country and the marginalized sectors of the society find it impossible to seek justice. This paper, essentially investigates the reasons due to which access to justice is not being delivered to many. Popular reasons include the country’s low level of awareness about the functioning of the legal system, high costs quoted by lawyers and delays in passing judgements that make it heavily inaccessible. The paper also seeks to find a methodological relation between the Constitutional provisions and the practical application of these provisions. The paper further discusses a few landmark judgements that have upheld the right to access to justice and precedents which have emphasized on the need for legal aid and the State’s undeniable obligation to provide all its citizens with the right to free trial. To conclude, the researchers have tried to unpack strategic cornerstones which when implemented can ensure high quality, affordable legal aid to ensure that individuals have a strong chance at a fair trial.
by IJLMH | Feb 28, 2019
Order XXXIII of CPC deals with the suits by indigent person. An indigent person is one who does not possess sufficient means to pay court fees and unable to proceed with any suit. Every application for permission to sue as indigent person must contain the report of his moveable and immoveable property, with the estimated value annexed with the application. When the application is in proper form and duly presented, the court, may think fit, examine the applicants or his agents and the application must be duly verified and signed by the applicants. The court has the power to reject or withdraw the application under order 33 even in the middle of the proceedings, if the court finds suitable grounds under Rule 5 & 9. If the application is duly admitted and accepted by the court the suit will be treated as any other normal suit and court may also provide the applicant a lawyer to represent him. If the applicant wins the suit the court will then decide who has to pay the court fees but if the respondent wins the case the court fees is payable by the applicants. If the application under Order XXXIII is rejected by any subordinate court the, the same is appealable.
In landmark judgement by Supreme Court in 2011 ‘Union Bank of India vrs. Khader International Construction and Ors’ , it was stated the Order XXXIII may also include any juristic person i.e. any corporate firm etc.
by IJLMH | Feb 28, 2019
Sexual harassment of women at workplace is neither new nor a rare issue, yet it is not reported or even talked about enough. By looking at present scenario women at their workplace are more prone to this violence because of the nature of their jobs which involves high interaction with their colleagues. India, on this issue, is a late entrant in formalising sexual harassment as a penal punishable offence. In 1997 S.C. through Vishaka V. State of Rajasthan held that sexual harassment of women is violation of two utmost fundamental rights guaranteed by Articles 14, 19 and 21 of the Indian Constitution. Later on India finally enacted its laws on prevention of such harassment as “The Protection of Women Against Sexual Harassment at Workplace Bill, 2010”and“Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 by which government intended to put a break on such sexual harassment of women and Criminal Law (Amendment)Act,2013”which included section 354A IPC, 1860 that define sexual harassment and prescribed a penalty of 3 years imprisonment with or without fine. But recent data generated by government indicates that there has been a raise in sexual harassment and a number of complaints relating to it at work place have seen an upsurge. This paper is therefore an attempt to explain the sexual harassment in current scenario with its legal status and how organizations can help in maintaining the dignity of a woman.
by IJLMH | Feb 28, 2019
With The main object of arrest and detention of the denounced individual is principally to verify his appearance at the time of trail and to guarantee that on the off chance that he is discovered blameworthy he should be available to get the sentence. If the presence at the trial reasonably guaranteed otherwise than by the arrest and detention, than it will be unjust and unfair to deprive the accused of his liberty during the pendency of the criminal proceedings against him. The provisions in regards to the arrival of the charged individual on safeguard are gone for guaranteeing the nearness of blamed at his preliminary however without irrationally and outlandishly meddling with his freedom. There is no definition of bail in this code, but yes the bailable offence and non bailable offence is defined under sec 2a .
by IJLMH | Feb 28, 2019
This paper intends to provide an overview of the crime of genocide through drawing special attention on the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The paper highlights the exigency of a more comprehensive approach to the prevention of genocide globally, by addressing the existing lacunae of the present Convention. The paper interprets the meaning of genocide through a closer look at the various provisions of the Convention.
