by IJLMH | Jun 12, 2019
An indispensible part of the criminal justice system is witness, as he is the one whose stand determines the backbone of the decision of the case. It is universally accepted that witness are considered to be the most essential element to reach to the light of justice. From the times immemorial witnesses are serving as a key agent in the justice delivery system for finding truth. Therefore, the truthfulness of the witness’s testimony becomes the cornerstone of justice and therefore the witness is made to offer statement under oath. One should not exercise fear, force and pressure on a witness, also the witness must depose out of his or her own free will and consent. The quality of the statements given by a witness also determines the pace of a particular case.
Black’s Law Dictionary gives the following definition: “In the primary sense of the word, a witness is a person who has knowledge of an event. As the most direct mode of acquiring knowledge of an event is by seeing it, “witness” has acquired the sense of a person who is present at and observes a transaction.”
by IJLMH | Jun 12, 2019
The case dealt by me is Nandini Sundar and Ors vs. the State of Chattisgarh (hereafter the ‘Salwa Judum’ judgment).This is one the important case to understand how Indian Judiciary has analysed the legality to use special police officers (SPOs) during armed conflicts between Indian government and a Maoist/Naxalite in Chhattisgarh. Instant case was brought to the Supreme Court through writ petition in 2007. This case was decided by Hon’ble Division Bench of a Supreme Court (Hon’ble Justice B. Sudershan Reddy and Justice Surinder Singh Nijjar).The primary concern of the Court in this case was to analyze the Constitutional validity of the appointment of tribal people as special police officers (SPOs) by State of the Chhattisgarh Government to counter the insurgency.
by IJLMH | Jun 12, 2019
The adoption of predictable, market-determined exchange rate policies is critical for the wellbeing of national and global economies. Orderly exchange rate policies facilitate cross-border trade and investments in a sustained manner. However, many nations adopt myopic, self-serving exchange rate policies that give immediate gains to the said nations but disrupt the international objective of achieving market efficiency. To elaborate, administered undervaluation of a country’s currency tends to improve its trade balance by boosting exports and reducing imports, increase foreign exchange reserves, and attract foreign investment. However, this “beggar thy neighbour” attitude is contrary to the primary goal of achieving international market efficiency for general welfare. It also runs the risk of nudging other countries to manipulate their own currencies in self-defence. From that point on, there is a high possibility of the global economy plunging into pervasive economic stagnation and worse. For instance, immediately after the World War I, major economic players of that age, competitively devalued their currencies in the hope that the boost in exports would provide the necessary stimulus for economic growth. Unfortunately, the said devaluation, combined with protectionist trade policies, contributed significantly to the intensity and duration of the Great Depression.
In fact, the Great Depression served as a catalyst for efforts to create international institutions and compacts that would guard against administered pricing of currency. These efforts culminated into the formation of the IMF and the conclusion of the GATT- both involved ceding of a part national sovereignty over monetary and trade affairs in the interest of boosting standards of living around the world. However, this international legal framework has not been strong enough to tackle the problem of currency manipulation. The practice of administered devaluation of currencies continues unabated and this is more worrying- given the interconnectedness and interdependence of economies, currency wars between two economies could impact the world economy. It precludes the value of currency from being determined by market fundamentals of demand and supply and thereby causes imbalances on cross-border flow of goods, services, and investments.
Prudence indicates that remedial steps are warranted. As the drafters of the IMF’s Articles and the GATT recognized, currency manipulation and the resultant skewed exchange rates have extensive and undesirable repercussions for international trade and investment. With so much at stake, and in the hope that study of the past can encourage a constructive course of action for the future, the research paper initially reviews the economic rationale behind currency manipulation and studies the difficulties that arise with competitive currency manipulation. It and then focuses upon the international legal framework created in response to currency manipulation- both the IMF’s Articles of Agreement and various WTO Agreements. It concludes by suggesting that, short of any amendments to their constitutional charters, the WTO and the IMF, in tandem, could apply their resources in a coordinated fashion to deter and hold any resurgence of competitive currency manipulation.
KEYWORDS: Currency manipulation, devaluation, trade equilibrium, inflation, growth, The Great Depression, Unemployment, aggregate demand, import substitution, Jamaica Agreement, Most-Favoured Nation, National Treatment, Agreement on Subsidies and Countervailing Measures.
MATERIALS AND METHODS: Doctrinal study with reliance placed on Books, Articles, Caselaws..
by IJLMH | Jun 12, 2019
Often the concept of freedom and justice is misinterpreted and misjudged. The outcome of such interpretations has been suffered quite a few times. From time and again, it has been observed that discrimination stands in the way of imparting justice and enjoyment of the sense of freedom. Recognition of human rights is an innovative initiative guaranteeing reservation of rights and freedom to an individual. As rightly pointed out by Jonathan Sacks, “True freedom requires the rule of law and justice, and the judicial system in which the rights are not secured by the denial of rights to others.” Since decades, the refugees all over the world have been facing discrimination and are denied of their fundamental rights and freedoms, and also, humane behaviour towards them is being bargained. Rohingya refugees, since the 12th century, have been the targets of such discrimination and have been longing for human rights since. The objective of this article to study and analyze the problems faced by these refugees. The article further focuses on the stand taken by the government of India in defining the nationality of these refugees and provides suggestions for the same.
by IJLMH | Jun 12, 2019
Although related to stalking and other forms of harassment, cyber stalking is a new form of deviant behavior about which comparatively little is known. Its is argued that cyber stalking has arisen as a result of increased access to information communication technology, in particular the Internet.
Legislation from the UK, US, Canada and Australia fails to define cyber stalking. However, it is recognized that victims are offered limited protection from this form of harassment. Legal definitions of stalking and harassment fail to take into account many of the behavior associated with cyber stalking, such as electronic surveillance.
Existing definitions of stalking and cyber stalking have a number of deficiencies, such as the fact that an incidence of cyber stalking may involve more than one victim. In attempting to define cyber stalking as a form of behavior associated with harassment and stalking, the experience of victims are marginalized. In addition it becomes difficult to offer protection to member of the public.the main targets of cyber stalking are the females due to the patriarchal mindset that still exists and the ratio between men and women.
This paper proposes a formal definition of cyber stalking in an attempt to encourage discussion and stimulate further research. The proposed definition encompasses many of the behavior associated with cyber stalking and seeks to overcome many of the difficulties identifies within the discussion and also discussing about how women are the main targets of cyber stalking and how the problem can be resolved.
by IJLMH | Jun 12, 2019
The General Data Protection Regulation (GDPR) is the new and upcoming privacy law governing the personal data of individuals within EU. GDPR in application is widely in use, is still bereft of well-founded criticism. The authors herein seek to diagnose the territorial jurisdiction or scope of GDPR and to which businesses does it apply. While it was the required step in terms of governing privacy laws, it is far from being a perfect method in terms of scope of the territorial jurisdiction.
The major scope of the article is the territorial scope of GDPR, and how does it apply to businesses established within EU and how its reach has been extended to non-EU businesses. The article primarily focusses on Article 3 of the GDPR and has special focus in relation to the applicability of GDPR to the Indian organisations and businesses. The author herein focusses on different tests established under GDPR for an institution to come under the ambit of GDPR including the “establishment test”, “goods or services test” and “monitoring test”.
The authors have extensively relied upon research papers published in reputed contemporary journals, and have gone through compliance policies of different organisations. Cases laws from European jurisdictions have been taken into account and the guidelines of the European Data Privacy Board have been dealt with, too.
