by IJLMH | Jun 11, 2019
Correct identification of accused and victims of a crime is always been a legal problem for the criminal investigation. DNA is the genetic blueprint of life which is unique for everyoneand the identification through DNA profiling has brought a sea change in the identification scenario.Since the discovery of DNA technology it has been used extensively as evidence in the court of law world-wide to establish the individual identity both in civil and criminal matters. But there are no special legislation/ provision under Indian Evidence Act, 1872 or Code of Criminal Procedure, 1973 to manage Forensic science issues. Section 45 of the IEA provides for expert opinion which includes medical examination but it was only after the amendment of CrPC in 2005, DNA profiling is been recognized to an extent in Section 53, 53A and 164A of CrPC for using DNA by medical practitioner for examination. Further the admissibility of DNA Evidence before the court is debatable and unsettled as the Judiciary having different interpretations for their admissibility due to constitutional and legal validity of such tests being conducted in human beings. The Challenges also include proper handling procedures during selection, collection, packaging, labeling, storing, and transportation of evidence to the laboratory to achieve final valid and reliable results. The researcher would suggest on a statutory recognition of DNA evidence in India, to regulate usage of DNA forensic laboratories and to establish national DNA database as recommended in Malimath committee to increase its appreciation value. This project will be a doctrinal method of research which would be divided into 2 Parts. Part I will deal with the introductory part of what is DNA profiling and its procedure of doing it, Provisions in law which deals with DNA profiling, accuracy, reliability and their admissibility in court of law. Part II will deal with the challenges and issues regarding DNA profiling and conclusion part with suggestions to the issues and challenges.
by IJLMH | Jun 10, 2019
Religion and human beings share an extremely important relationship with each other and this relationship have several perspectives to be considered- political, social, legal, etc. In this research paper, we are very much keen to evaluate this nexus between religion and women. Women are the most important part of human society but since time immemorial their religious rights and freedoms are curtailed indiscriminately. We have examples of wise and learned women in different religions – Gargi and Maitreyi in Hinduism, The Wise Woman of Tekoa , Abagail and others in Christianity. But these examples are very limited.
In this paper we are focussing to understand about the religious rights that women got and the rights which women were deprived off in religions specifically in Buddhism, Christianity, Hinduism, Islam, Sikhism and Jainism. We are also very keen to understand about the recent Triple Talaq case (ShayaraBano v Union of India & others). The issues related to Sabrimala Case (Indian Young Lawyers Association & Ors v The State of Kerala & Ors) are also neatly explained. The Indian stance on marital rape is also highlighted in the following research paper. This research paper explains the role of Indian Judiciary with respect to religious rights of women.
by IJLMH | Jun 10, 2019
“Corporate crime is a conduct of a corporation or of its employees acting on behalf of corporation, which is prescribed and punished by law”- J. Braithwaite.
In the present era of economization, corporations play an omni-facet role in the society. Due to the emergence of large industrial corporations, the occurrence of criminal activities in the garb of corporate shield has increased many folds. The same has given rise to the need of lifting the corporate veil and pulling out the culprits who intend to harm not only the economy but also have serious intentions to damage the growth.
The challenge in this scenario for the law makers and enactors is to pace up with the crimes occurring in the digital era and analyze the problem that there is still no settled rule when it comes to CCI. With the change in times it is necessary to appreciate that the traditional view of the corporation not being guilty of crime has been proven wrong as in the modern era the corporation and the cunning brains behind it can certainly have the intention and complete the commission of crime too.
In this paper, the researchers aim to bring out how have the changes evolved from the traditional times to the modern frauds. The challenges and solutions regarding the same shall be highlighted. The researchers will also lay emphasis on the traditional and modern cases decided and evaluate as to whether past precedents are enough to address the modern technological corporate crimes.
by IJLMH | Jun 10, 2019
Elementary schooling forms the basis of mental development in a child, and equips him/her with the analytical skills, self assurance and potential which assist pave the way for a successful future for him/her. Hence, it is crucial for countries to focus their interest on supplying exceptional basic schooling to their youngsters and people, in particular to the underprivileged sections of the society and empower and furnish the masses with a first-rate and better schooling that can enable them to smash the shackles of poverty. With the formation of a free India, it was the vision of the then leaders of the kingdom to set up a policy which would grant free and compulsory education to teens between six to 14 years, and attain the mentioned goals within 10 years of the graduation of the Indian constitution.
However, we have embarked on the sixty-eighth 12 months and there’s still a long way to go in phrases of gratifying the actual imaginative and prescient of an skilled and able India, where a fantastic schooling is not a privilege supplied solely to the elite class, but the proper of each and every infant born in this nation.
by IJLMH | Jun 10, 2019
We are the inhabitants of the 21st Century, an era full of skyscrapers, global warming, and a generation endorsing the ‘Netflix and chill’ phenomenon. Trade incentivizes development and innovation. Intellectual property rights provide an impetus for innovation. Thus trade indirectly and constantly demands innovation so as to reach out to consumers in various forms. Audio- visual industry is one such form of trade facilitated innovation which has gathered importance in the recent past. With the advancement of technology, subject matters of copyright do not remain restrained in their country of origin. It is attributed to the development in the field of trade and commerce which has facilitated access to such audio-visual work around the globe. The audiovisual service sector has experienced drastic increase in the last few years. Technological developments have permitted greater quantities of content to be delivered and have given allowed customers to exercise more control over what they want to consume and when. Thus the confluence of trade and innovation creates a dynamic industry with worldwide consumers. The boom in consumers of Netflix, Amazon prime videos, Hotstar etc are to name a few. With rights come responsibilities and thus spring the issues of copyright while the audio-visual work travels trans-boundary. Up until today, practically every strategy that has been deployed to try to thwart unauthorized copying of digital audiovisual work has been unsuccessful or defeated by readily available applications that are developed almost as quickly as new methods of copy protection come online. The audio-visual sector of trade is a recent phenomena and thus requires all the more attention given its susceptibility to IP issues. This paper seeks to dwell into the concept, meaning and analysis of the issues with respect to copyright in the audio-visual industry.
by IJLMH | Jun 10, 2019
Twenty first century is known for remarkable change in society. Today science and technology is at its zenith. Science is surprising everyone through ever new innovative inventions at the same time technology is becoming a medium for women empowerment, when women are striving with full strength for their rights, women constitute half of the population and are stakeholder of development and technology but unfortunately they are not able to avail the same. Empowerment means having power to change the position and circumstances. India is a patriarchal society, men has acquired possession in every structure and institute of society. In India women have struggled a lot for their rights and dues in society. To know the actual position of women a field study was conducted. Rural and urban area data has been collected. The field study shows that women are not able to access the basic amenities. Their family have resources but mostly they are unable to access e.g. having vehicle is normal but very few women 18.20% know driving the majority do not know driving. In the era of digitalisation computer and laptop are demand of daily life. Right from getting information to other digital need laptop and computer are required. It was surprising to know that large numbers 59.20 % women are not acquainted with only 40.20% are familiar to these gadgets. The empowerment in reality right from family, community to state level is required. Empowerment of women is not possible until and unless they are not able to access their basic rights. Socially, economically, politically and legally strong women can contribute to strong and stable society
