by IJLMH | Jun 12, 2019
India is a pluralistic population of various religious and ethnic groups with different languages and culture. Out of the eight major religions, four have their origin in India. India is the home state of the largest number of Hindus, and of the second largest of Muslims, in entire world. And also being home to millions of the followers of the four other religions. In the pluralistic and multi- religious society of India, religious tolerance and religious values have always had, and continue to have a strong influence. In this article, I will examine the sabarimala judgment in three parts. Part one will provide a brief overview of the historical background of sabarimala case .part two will examine the issues framed by the hon’ble supreme court and analysis of each judge observation to these issues. In part three will examine the dissenting opinion of Indu Malhotra J.
by IJLMH | Jun 11, 2019
Freedom of speech is one of the most important aspect of a democracy. The law of sedition under section 124 of Indian Penal Code violates this very fundamental freedom. This section has been used by British administration for stifling freedom fighters’ voices and one would hope that it would not make its way into the independent India. However it still found its way through Indian Legal system. Indian judiciary has tried to limit its ambit and interpret it in a constitutional manner. Regardless, the government has launched unnecessary proceedings against innocent individuals due to political vendetta. The suffering of these individuals caused by harassment under this section is blatant violation of human rights and is testimony why this law needs to be repealed. Furthermore, Indian laws provide sufficient safeguards for maintaining security and sovereignty of the state.
by IJLMH | Jun 11, 2019
It is notably said that things which looks similar from distance, may not be similar on observing it from close. Applying the same principle on the relations between United States of America (United States) and India in the light of Right to Equality, observation says that besides having similarity in the words expressing the provision related to ‘Right to Equality’ both countries share difference in the application of the right. Besides both being ethnically and culturally pluralistic societies which have a democratic form of government and similar judicial systems they have different interpretation of the same right. Scope of the right is not similar in both the countries .
by IJLMH | Jun 11, 2019
“Every newborn baby is God’s opinion that the WORLD should go on” – Carl Sandburg
Women are facing atrocities all over the world. But one of the most brutal of them al is female foeticide where the fetus is killed in the mothers’ womb only for being a females, even before they have the opportunity to be born.
Female feticide in general means the selective abortion of female fetuses in a patriarchal form of society, Females not only faces inequality in all the male dominant cultures but now they are even denied the right to be born . “Earlier it was difficult to determine the sex of the fetus in the womb so after the birth of the child when found it to be a girl child then she was drowned in the milk mixed with opium but with the innovation Prenatal sex detection technologies have made it easier to determine the sex in the womb of the mother itself and now this technique has been completely misused, allowing the selective abortions of female and letting offspring to flourish through male children. Legally, however, female feticide is a penal offence. Although female infanticide has long been committed in India, feticide is a relatively new practice, emerging concurrently with the advent of technological advancements in prenatal sex determination on a large scale in the 1990s” .
Why do so many families selectively abort baby daughters? This can be answered in one word – it is economical . Female feticide is stirred by many factors which will be discussed in detail further in the paper, but predominantlybecause the families of the girl have to pay dowry to the future bridegroom of a daughter. Whereasthe son offers security to their families in old age and can perform the rites for the souls of deceased parents and ancestors, daughters are alleged to be a social and economic burden .
“While abortion is legal in India, it is a crime to abort a pregnancy solely because the fetus is female. Strict laws and penalties are in place for violators. These laws, however, have not stemmed the tide of this abhorrent practice. This article will discuss the socio-legal enigma female feticide presents, as well as the consequences of having too few women in Indian society” .
by IJLMH | Jun 11, 2019
Finance Act, 2017 brought major changes in Income Tax Act, 1961 for the purpose of creating new ways through which government can tax the assessees to overcome demonetization drive. Point worth noting is government has followed a very consultative approach by asking for opinions from public regarding implementation of new provisions. For this purpose, Section 50CA & 56(2)(x) was inserted in the Act. In this paper we have examined and analyzed these Sections and the loopholes which existed before the amendment and why there was a need to bring the amendment. As there were various ambiguities resided regarding the computational formulas of Fair Market Value (FMV) of certain assets, for this we have studied problem subsisted in erstwhile laws and examined the solution given by the government to encounter those problems and to tackle the void which still remains we have given some suggestive measures. We have also analyzed that the new approach of the legislature is focused to enhance the revenue of the government as it tax both buyer and seller in a single transaction and thus results in the double taxation. This approach of the government hurts the property transfer and immediate amendments are needed to address this problem. This paper delves into impact created difference for minorities, capital assets, and discuses the retrospective application of new provisions. We have also tried to explain the broad meaning of words in the bare provisions of the income tax act through leading judgements related to them.
by IJLMH | Jun 11, 2019
In the 21st century, development in the scientific arena has been manifold. As jurist Roscoe pound once Propounded that law must evolve with the changes of the society. With The introduction of technology in the society it has led to more complex crimes being committed which are more difficult to trace, so in today’s scenario it is of paramount importance that law must cope with the technological advancements. It is a well acknowledged fact that India has one of the lowest police to population ratios in the world. In addition to this, the poor conviction rates of serious crimes which solicits for more corroborative evidences, better coordination among the law enforcement agencies and preserving the sanctity of evidences, so lack of manpower coupled with adoption of obsolete techniques during investigation puts the entire criminal investigation process in a serious jeopardy. Therefore, the need of the hour is for a holistic integration of forensic and technological inputs in the course of an investigation of a criminal offence. In furtherance to this, the concept of DNA finger printing or profiling has gained unprecedented significance. With the lower house of the parliament passing the DNA Technology (Use and Application) Regulation Bill, which provides for regulated use of DNA for establishing the identity of persons in criminal investigations and specified civil matters it is equally important to put emphasis on various statutory and constitutional safeguards which are being guaranteed to an accused of an offence, irrespective of the nature of his act. Critics of this concept have always flagged the privacy aspect of the accused. Moreover, ways need to find out how to converge two seemingly divergent concepts i.e. protecting the privacy of a potential Criminal and at the same time ensuring a fair and effective investigation on the part of the victim.
