by IJLMH | Sep 6, 2019
“The situation of women is that she– a free and autonomous being like all women creatures— nevertheless finds herself living in a world, where men compel her to assume the status of the other”
-Simon de Beauvoir
A woman is a social animal and keeping her in captivity, without access to work or finance or interaction with the world is less than fair. Women’s dependence on men from the ancient time is an acknowledged fact that creates a perpetual state of low esteem and poses a great barrier in venturing from the prescribed private spheres into the area of public participation or to have general access and witness to the development happening around her. It can also be understood that women undergo a lot of pressure concerning economic matters.
A woman’s status in society cannot be studied in isolation as she constitutes a member of the smallest social unit- family. As a rhythm, she is a creature of birth, maturity, decay, and demise as anyone else, and on occasion, she too needs special attention, care, encouragement, consolation. As a woman does she gets all these things? Its a fact that most women live a cocoon-like existence in the family, they are rarely given any opportunities.
According to the evidence available from various studies at the regional and global level, it was found that most of the women have access only to the informal sector of the jobs. Women entrepreneurship has been recognized as an important source of economic growth. The contribution of women and their role in the family as well as in the economic development and social transformation are pivotal. Empowering women entrepreneurs is essential for achieving the goals of sustainable development and the bottlenecks hindering them must be eradicated to entitle full participation in the business.
Keywords: Women, Finance, Economic, Opportunities, Entrepreneurship, Transformation, Empowering.
by IJLMH | Sep 6, 2019
Mediation is a process in which a neutral third party works with and assists the disputants to negotiate a settlement by helping them communicate , identify their substantive interests , create practical and workable solution that amicably ends the dispute.
With ‘Confidentiality’ as its basic feature, whether reporting mediation is congruous or not? And if so, then till what extent?
In Ram Janambhoomi case, Honorable Supreme Court directed “mediation proceedings should be conducted with utmost proceedings confidentiality so as to ensure its success which can only be safeguarded by directing that proceedings of mediation and the views expressed therein by any of the parties, including the mediators, shall be kept confidential and not revealed to any other person”.
Aware of the likely intense media focus on the mediation process, and conscious that wide coverage of views expressed could inflame emotions detrimental to an amicable solution, there ought not to be any reporting of the said proceedings in print or in electronic media. The Court further directed that it empowers the mediators to pass necessary orders in writing, if so required, to restrain publication of details of mediation proceedings.
The Confidentiality rule will be helpful as none would want the atmosphere to be vitiated by pre-mature disclosure when the country is in election mode. Thus, Confidentiality extends to all aspects of mediation, including the views expressed therein, the discussions, suggestions and options that emerge.
It covers the existence and contents of the mediation agreement. The only exceptions to this are where all the parties give permission for such disclosure or where it is required by law. Infact, the mediator should not even divulge to anyone that mediation is taking place between the disputing parties.
by IJLMH | Sep 6, 2019
ABSTRACT:
The world today is a globalised world contrary to the world few years back. This leads to implementation of international law. The international law, today, is full of dissension. International law is derived majorly from customary law. Customs are unwritten sources of law. They have two main elements: opinion juris and state practice. This paper discusses the roleof domestic courts in determining customary international law. The Indian Judiciary and the Indian Constitution follow the customary law knowing its importance.The research paper begins with explaining the definition and core elements of customary law. Customary law is superior to treaty laws when there are no conventions based on treaty law. Life is changing at a rapid speed and customary law is taking the place of treaties. Customary law in 21st century is diverse. Even the drafters of international law had no clear idea before they framed it. This is the reason customs have become a major source of international law. The Indian Constitution moves in lines with the International Law. The International Law helps to safeguard the human rights. Also, theUniversal Declaration of Human Rights, Vishakha Guidelines and the Vienna Convention on Law of Treaties revolve around the customary law.
The paper is going to explore the notion of domestic application of international customary rules and important prerequisites for their application: domestic validity of a customary rule and its status with respect to other domestic norms. The paper will also discuss various cases of India where domestic courts applied international customary rules.
by IJLMH | Sep 6, 2019
The attempted project of ethnic cleansing of the Rohingyas in August 2017 is regarded as one of the worst cases of genocide in recent history. With history dating back to 11,000 BC, the ethnically divergent nation Myanmar, has come to witness rampant violence and routine discrimination of the vulnerable Rohingyas, a Muslim minority of the Rakhine State at the hands of the Buddhist majority. It has led to devastating consequences for them in the form of communal violence, deprivation of natural rights, racial discrimination, disenfranchisement, denial of citizenship, extermination of social, economic and political environment for the community and what not. This paper endeavors to analyze the ongoing crisis and comprehend the reasons behind their acute sufferings. Beginning with their historical origin, it goes on to explain how the community has been deprived of citizenship for so long, construing them to be illegal migrants from Bengal. It then gives a detailed study, thus proving the above hypothesis to be wrong and provides a critical examination of the Citizenship laws of Myanmar which are discriminatory in nature. Further, even if the Rohingyas are construed as illegal migrants, then also, denying them the basic rights such as access to health services, education and legal protection cannot be justified because it is a blatant violation of numerous International Conventions and agreements. Explaining the stateless and the refugee situation of the Rohingyas, the paper emphasizes on the principle of Non-Refoulement and the obligations of other neighboring countries. It finally sums up the above conditions into one major conclusion of genocide and ethnic cleansing, the ultimate crimes against humanity.
by IJLMH | Sep 6, 2019
Marital rape is socially accepted crime in India. Marriage is a legal license to husband for having sexual intercourse with his wife even without her consent. In this article author is focusing on the incompetency of law rather than the social approval. In constitution of India Article 21 provides citizens to live a life with dignity. But in cases of marital rapes, dignity of a woman is always harmed. When we are considering consent as a key element in cases of rapes, then why are we ignoring it in case of a married woman. Under this contention author questions the constitutional status of our legal system. Marital rape is expressly denied in Indian Penal Code. As the exception 2 of Section 375 expressly says wives are exception to rape. Does that mean we are providing a husband privilege of raping his wife or providing him safeguard against such an inhumane conduct? Under this section author is questioning the ability of law and the hypocrisy is when it is accepting the marital rape in case of seprated husband and wife but not in the case of husband and wife living together. Above position of law is prima facie vague and in dire need of changes. Also the law commission have given reckless explanations and vague grounds for not criminalizing marital rape. The article is discussing these law commission reports extensively. Also the safeguard present in the current legal system for marital rapes are not adequate and need a reform. Lastly the article provides the recommendations for betterment of law and current situation.
by IJLMH | Sep 6, 2019
Banking fraud is a critical issue before the Country. But the pace of development for an effective mechanism to fight it is negligible. Banking frauds affect the modern quality of life and imposes a detrimental effect on the national growth. A number of strategies can be developed by both the Reserve Bank of India and Government of India to curb the menace of Banking Frauds. However, these strategies can only be effective if they strengthen the development of a more effective banking system in fact, within the banking system fraud is one of the areas which need immediate urgent attention. Indian Penal Code, 1860 does not recognize Banking Fraud as a separate offence. Different provisions of the Indian Penal Code, 1860 are attracted depending upon the facts of each case of Banking Frauds. This shows that till now, there is no independent legislation to deal with Banking Frauds exclusively and comprehensively. In general, Banking Frauds constitute white collar crime committed by unscrupulous persons smartly taking undue advantage of loopholes existing in the current banking system as well as in procedure. In the absence of independent legislation to address Banking Fraud, the umbrella penal legislation in India i.e. the Indian Penal Code provides diverse provisions to redress this conspicuous issue. It is crystal clear that Banking Fraud is an activity which is a combination of various elements of civil and criminal ingredient, which adversely affect the interest of public, public money and state exchequer. Keeping in view the above stated the paper is an attempt to highlight the law and policy regarding bank fraud. The author will prove scientifically with some cases that there is existing legislative gap which need to be filled. At the end of paper certain suggestions are provided as well.
