by IJLMH | Sep 27, 2019
Disability is a natural phenomenon in the mode of physical, mental, intellectual or sensory impairments. Substantially of disability influence the life activities of a person. It may be occur from birth or during a person’s lifetime. This article makes to attempt nature and consequences women with disability” in India and discussed about the convention on the rights of persons with disability (CRPD) Act. The Case laws also cited in the article for clear concept regarding the rights of the disable persons. The finding indicates that even the laws also discriminate with the disable persons. In case of women’s disability in India, Disable women are sexually and physical abused and orphan then the condition is worse.
Keywords: Women’s Disability, Physical Abuse, Sensory Impairment, CRPD Act
by IJLMH | Sep 27, 2019
Disability is a complex social issue and it is increasingly becoming a major concern all over the world. The number of disabled people is increasing across the world due to various reasons. Disabled people comprise a significant minority in most countries and their number also constitutes one of the largest minorities in the world. Among countries with comparable levels of income, India has one of the more progressive disability policy frameworks. This paper focuses on state-level variations in outcomes for women with disabilities to provide an explanation for the contrast between the liberal laws on paper and the challenges faced by women with disabilities in practice. In this research paper the researcher want to give much emphasis on the various legal provisions and Laws available in our country and make a systematic study on how these laws have contributed towards the development of legal status of the disabled persons in India. They faced direct and indirect discrimination and were not able to enjoy the full spectrum of civil, political, social, cultural and economic rights. Whatever the perception of the society towards the women with disabilities may be, it has to be fundamentally accepted that disabled people are integral part of our society. Therefore to incorporate provisions regarding accessibility in legislations and to execute them is the need of the hour, including the removal of discriminatory provisions that are still prevalent in some legislation. However, laws and policies alone may not be enough. Public perception, attitude and awareness have significant role to play. There is a need for social change through public awareness. There should be endeavor for attitudinal changes in the sense of bringing a culture of belonging. The public in general may be empowered and educated to take action and advocate the human rights and fundamental freedoms of women with disabilities.
by IJLMH | Sep 27, 2019
India has become a serious victim of heinous crime of acid attack, especially on women, in last decade. Acid attack is brutal crime committed with an intension to maim, disfigure and kill the victim. Acid attack is a serious threat to the dignity and existence of an individual. The Constitution of India guarantees, fundamental rights to its citizen. It safeguards their existence. It gives rights to its citizen – Right to be free, live free, express freely, move freely, Right to raise voice against discriminations based on gender, racial, sex, caste or creed. The Constitution of India denies any type of discriminations. But heinous crime of acid attack is a gender based discrimination and violence committed especially against women. According to the National Commission of India acid attack is “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of the body of such person”. Refusal to marriage proposal, rejection of romance, and dispute of property, anger and gender discrimination are root cause which motivates the perpetrators to commit such heinous crime. Today, we daily come across the headlines of acid attack on young women and it is increasing day by day. The perpetrators are using this acid as crime weapon which are easily available in the market. It is cheap and readily available in the market. The retailers never maintain any record of the sale of acids due to which it has become an idle weapon for crime. The most common types of acid used in these attacks are Sulphuric and Nitric acid. Hydrochloric acid is sometimes used, but is much less damaging. Aqueous solutions of strong material such as caustic soda (sodium hydroxide) are used as well particularly in areas where strong acid are controlled substance. Acid attack rarely kills but it causes several type of physical, psychological and social scarring. It leaves the victim in trauma. It is not just a physical attack but it is an assault to the dignity and self-respect of an individual. The criminal law (Amendment) act 2013 and the guideline of Apex Court of India, the regulation for acid attack has become stricter, despite of that there is 300% increase in total number of acid attack in 2014. Our legal, medical and political systems have proved to be very weak and obsolete to fight for the victims of acid attack. This paper deals with the scars that acid attack leaves on victim – physically, psychologically, socially and economically. The subsequent paragraphs will examine the contemporary laws governing acid attack.
by IJLMH | Sep 8, 2019
It is a well-known phenomenon that endless powers in the hand of an individual or a group of individuals, implies, in general, misuse of that power over others. The assembly or building of any democratic government is based on its three organs i.e., the legislature, the executive and the judiciary. Undoubtedly, the three branches are of great significance. Separation of power ensures the prevention of the autocracy. ‘Legislature’ is a term used for representation of elected representatives, whose primary function is to make law. ‘Executive’ is responsible forexecuting and implementing laws. ‘Judiciary’ primary focus is on ensuring that laws are compiled in accordance to the requirement. All three of these have their own separate, distinct powers and needs to work in their own sphere to prevent trespass into other. However, at the same time, the power is not absolute in nature. The framers of the constitution preferred it not to be rigid, rather adaptable to different circumstances.
by IJLMH | Sep 8, 2019
The paper will deal in discuss the role of Narsimhan Committee which has targeted several issues ranging from directed phase credit from improvising agricultural sector to developing banking sector by setting statutory limits of reserves, the committee has placed an important role to improve efficiency, productivity and profitability.The committee has further laid down the foundation for IBC code as the committee lays down its focus on bad loans and stressed assets because of which the creditors market became distressed as there was no proper mechanism of recovery of debts. The paper will discuss that how effectively the committee has been able to solve the issue and how it has acted as an backbone for future reforms.
by IJLMH | Sep 8, 2019
Developing economy like India has always embraced the ideas of evolution in its possible sphere. At the same time stringent provision one require to watchdog the development. As in the case of insolvency and bankruptcy laws, previously there were various provisions of law for the insolvency resolution for the different entities but to consolidate all the provisions under the common legislation this Insolvency and Bankruptcy Code, 2016 was introduced.A debtor becomes insolvent when he is unable to fulfill his obligations which he had promised to his creditors or unable to pay his outstanding debts. And Bankruptcy is a condition when the adjudicatory authority declare the debtor who unable to pay his debts, an insolvent person. This entrepreneur friendly legal regime was introduced by the government to give reality to the dream of getting India to one step closure to become developed nation and to increase the ease of doing business. This law was introduced to protect and grant the relief to the innocent debtor who is not in a condition to pay his dues due to any unforeseen situations and also protect the interest of creditors who gave debt to the debtor in a hope that they will get their money back at some point of time as decided between debtor and creditor. This law provides the process of insolvency resolution of corporate body, partnership firm, individual, sole proprietorship etc. Under corporate insolvency resolution process there are three types of person are defined who can file application for the initiation of insolvency resolution process, these person are known as corporate debtor, operational creditor and financial creditor. One of the merit of this law is that it provides speedy resolution of insolvency within a span of 180 days.
