by IJLMH | May 21, 2019
In this article Author critically analyze the citizenship amendment bill, 2019. Citizenship is legal relationship between a people with the state. This amendment is in issue because in this ‘religion’ is criteria for granting citizenship. Government is allowing the citizenship to illegal migrants of six communities (Hindu, Sikh, Christian, Jain, Parsi and Buddhist) from three neighboring countries (Afghanistan, Pakistan and Bangladesh). This bill has been criticized in the house and outside the house. Many claimed that this bill is brought by the government for alluring the majority vote-bank in near general election. The north east region especially state of Assam is going to be adversely affected by this bill, because it will significantly affect the demography, culture and social environment. Consequently there is great protest and uproar against this bill in Assam and North East region. When India is facing the problem of population explosion and the national recourses are not enough even for the citizens, this bill looks unreasonable because certainly it will increase the burden of the country.. The exclusion of Muslims is greatly crtitciszed, one parliamentarian during the discussion over this bill said that this government cannot run India like Israel. This bill is also against the basis structure of the constitution that is Secularism. One organization from Assam has filed writ petition against this bill in Supreme Court as it is unconstitutional. This particular bill is also against the ASSAM ACCORD, 1985, and even inside the government some members and the allies’ parties of government are against this bill. The author analyzed the social condition of Assam and the consequences of this bill over the state of Assam.
by IJLMH | May 21, 2019
Forgery in banking sector has been in existence from centuries and become a big business. Over the years, forgery in this sector has been known and increasing day by day due to increase in number of private and foreign banks i.e. increase in number of branches, increase in number of employees, increase in volume of business, increase in customers and spread of operation. Increase in banking sector has given rise to the white collar crime through forgery done by the employees of the bank or by the outsiders or by financial institution. There is a contractual relationship between banker and customer and bank is held liable for any fraudulent transaction. Bank must take remedial measure for prevention and detention of forgery. The fraud, forgery is generally found in exchange of services rely on information and technology and the absence of physical bank branches to provide these services to the customers. Forgery has been defined under section 463 of Indian Penal Code 1860, Section 464 of Indian Penal Code 1860 defines making of a false document and Section 465 of Indian Penal Code provides punishment for committing forgery. In this paper an attempt is made to understand the meaning of forgery, its punishment, their remedial measures and banker’s liability for the payment of forged cheques.
by IJLMH | May 21, 2019
The author will bring to light the practice of prostitution in India in the course of this research paper. Prostitution is considered as profession and it is partially legal in India as there are a few legislations which regulate it to some extent but not have fully control over it.Whoringis considered as a stereotype business for females but nowadays men are also getting trapped into this ridiculous situation about which the world is not as aware as it is required to be. So this can be said that it is illegal or illicit in the Indian society. Further the author will present the reasons as to why this profession is increasing swiftly and the reasons leading its escalation. Due to the corroboration of the activities of whoring in some territories the practice of human trafficking has increased more rapidly including the students and which is also raising the problem to HIV. The paper will also suggest the required rules and regulations to be made by the legislation in India regarding prostitution and moreover for the male prostitution.
by IJLMH | May 20, 2019
The women play a significant role in the life of every individual human being. Securing her better birthrights would mean giving better future to our own society, family and to every individual. Prior to commencement of the Act of 1956 the property held by a Hindu female was classified under two heads: (1) Stridhan and (2) Hindu Women’s estate.
by IJLMH | May 20, 2019
The maxim that the ‘King can do no wrong’ and the resulting rule of the common law that the ‘Crown was not answerable for the torts committed by its servants’ have never been applied in India. India, as a State, is a mixed economy of vast population. Also, by virtue of being a semi-socialistic economy, the government still plays a major role in almost all aspects of the economy. This means that there is a lot of interaction between the State and the citizens of India, may it be in the form of trading with government companies, or interacting with the State officers such as the police, or the bureaucrats, etc. It is hence of utmost importance that the State should be made liable for all those acts of its officers which cause harm to any of the citizens.
The stance of the Indian Judiciary on the liability of the State for the acts of omission or commission committed by its servants has never been the same, and has kept on changing over the years with varied judgments. The Common Law maxim “Rex Non Potest Peccare”(The King can do no wrong) provided absolute immunity to the Crown in that neither the Crown, nor could its employees or servants ever be held liable for any wrong committed by them. This was, however, never followed in India. The East India Company initially came to India as a trading firm. However, later on it started to rule a large part of the country and the scope of its powers and authority was defined by legislations passed by the British Parliament. After the 1857 uprising the company was dissolved and the rule passed over directly to the British Crown. During this period the liability of the Crown depended upon the powers and authority of the Head of the state. In pre-independence period the liability of the State was a major question which confounded all the courts. At this time a distinction was made between sovereign and non-sovereign functions, with complete immunity being given to the former. However, the scope of sovereign or non-sovereign functions was never clearly defined, and hence depended on judicial interpretation.
by IJLMH | May 20, 2019
The historical judgment of partially decriminalizing section 377 was highly acclaimed by the people of India in 2018. The prolonged legal battle of social activists made the Supreme Court to give a verdict in the favour of LGBT community, whose rights were violated by this section. This rule was the inkling of centuries old British tradition which was prevailing in India since the advent of final court verdict. This section was discriminating homosexuals from heterosexual on the basis of their identity for doing the same conduct.
After prosecuting thousands of people under this section, the Supreme Court finally came up with a verdict to partially decriminalize it whereas legislative had failed to perform its duties, as mentioned in my paper.
Abolishing section 377 is a huge thumbs up for humanity and equal rights because after all love is genderless, it never sees who gonna do and with whom you gonna do.
