by IJLMH | Oct 10, 2019
Surrogacy is an important discussion that needs to take place. It is often perceived as an ethical grey area. Often commercial surrogacy is related to prostitution. The surrogate mothers are stripped off their dignities and their morality are questioned. Through this paper the authors have tried to analyse the nature of surrogacy and how it plays in a role in our morality. The various statute governing surrogacy have also been analysed.
Surrogacy has numerous advantages, from the medical point of view as well as from the social point of view. But it is very vulnerable to exploitation as well. The surrogate mothers are the most vulnerable. Thus, the Parliament of India promulgated the Surrogacy (Regulation) Bill, 2016 to protect such surrogate mothers. This paper provides an analysis of that Bill as well.
Keywords: Surrogacy, surrogate mother, Child, Surrogacy Bill
by IJLMH | Oct 9, 2019
The right, which is now turned into an issue, to equivalent pay for equal work amongst men and women is subject of major distress to any economy concern globally and also at an individual level. Long perceived stereotype that women are physically weaker than men is yet persisting in Indian society and thereby regardless of criminalising the discriminatory practice, the mentality of paying less to women for the same work poses a huge economic hurdle. Only after modernization, women though in relatively small number have transpired from the era where they articulated and prepared to agree on lower pay for same employment as that of men. The persistent discrimination is not only limited to backward or developing nations, but they exist in most economically and socially developed nations who have marked a notable progress internationally.
by IJLMH | Oct 9, 2019
Indian banking system can go cashless with the aid of Internet banking. Internet banking is also known as e-banking or online banking or virtual banking. It is an electronic payment system that enables customers of a bank or other financial institutions to conduct a range of financial transactions through the financial institutions websites. There are different types of online financial transactions famously called as core banking such as Nation Electronic Fund Transfer (NEFT),Real time gross settlement (RTGS),Electronic clearing system (ECS),Immediate Payment Service (IMPS),Automated teller machine, Smart cards, Tele banking etc. Through Internet banking we can check our transactions at any time of the day and as many times as want to. The online banking frauds in India have increased tremendously. In India there are no sufficient Internet banking laws but the Reserve bank of India has issued some guidelines at the latest in this regard though it is not sufficient to make the banks follow robust and required cyber security procedures. The paper highlights the new trends in the Internet banking addressing the cyber issues, its advantages and disadvantages with special reference to legal framework that is prevalent in India to protect the customer against the menace of it.
Keywords: Internet Banking, Core banking, Technology, Cyber security, Legal issues
by IJLMH | Oct 9, 2019
E-commerce or e-commerce enables consumers to electronically exchange items and ventures with no time or distance limit. More and more customers have moved from standard commerce to e-commerce because it is often faster and cheaper. Moreover, e-commerce offers more convenience and flexibility for the choice of altering items and services.
E-commerce is a business process by means of computer networks. A person sitting in his seat before a computer can access all Internet facilities to purchase or sell items.
Unlike conventional commerce that is physically carried out with a person’s efforts to fetch items, e-commerce enables the man to reduce physical work and save time. E-commerce, which began in the early 1990s, has taken a noteworthy step forward in the realm of computers, yet security has been a delay the development of e-commerce. Security is the challenge that e-commerce faces today, and a huge amount of progress has been made in the area of security.
The principle advantage of e-commerce over conventional commerce is that the user can browse online shops, compare prices and order items at home on his PC.
To increase the use of electronic commerce in developing countries, business-to-business e-commerce is being implemented to improve the access of developing country firms to worldwide markets. For a developing country, progress in e-commerce is essential. The research strategy demonstrates the importance of e-commerce in developing countries for commercial applications.
Keywords: E-commerce, market, internet, government
by IJLMH | Oct 9, 2019
The term international migrant has been defined numerous times by numerous organizations. It has become clear over the years that there is no clear, universally agreed definition of migrant. This has led to numerous counts of human rights violations against migrants. Rising fear and xenophobia have also played major roles in changing migration policy across borders by first world countries. In some cases this has led to imprisonment in detention centres. Hence there is a need to understand who international migrants are and how these hard line policies affect them.
Key words: International Migrants, Xenophobia, Human Rights Violations, Hard Line Policies, Detention Centres.
by IJLMH | Oct 9, 2019
The current article is based on Triple Talaq, cantered on the Shayara Bano and Bill which presented on the floor of Loksabha which is known as Muslim Women (Protection of Rights on Marriage) Bill, 2019. The whole triple talaq debate has become a battleground for the culture versus modernity.
Triple Talaq is based on certain aspects of Islamic laws which amount to gender discrimination and hence violates the constitution misses the point of inter-sectionality.
As per the liberal interpretation of rights for empowerment of women we need to subordinate the category of religion and customs.
However, constitutional rights would a dead book if we do not implement the manner in which identity politics unfolds especially in case of women.
There is an already existing legal precedent established by the apex court with respect to Triple Talaq which should be followed. The identity of Muslim women must be understood at the intersection of gender and religion.
The journey of Triple Talaq can be seen from the case of shah Bano to shayara Bano. These two leading cases are the basic of the verdict given in Triple Talaq. Shah Bano laid down the foundation for the illegality of Triple Talaq and shayara Bano took it to the end. The journey has faced many hurdles but has settled now. The Supreme Court said that Triple Talaq is very worst and unacceptable form of dissolution’. The right to religious freedom applies on men and women equally. This case of Triple Talaq verdict was a historic verdict as it maintains the truth and faith of the people in the judiciary system of India as in this case, “justice and equality has overcome religion”. This lawsuit was a milestone in judiciary as it was courageous, bold, impartial and unique decision. This judgement has marked the value of maintenance which should be provided to the divorced Muslim women who are not able to earn and maintain themselves.
Codification of this judgement in a form of legislation is very important for the right implementation of the judgement passed on Triple Talaq, it is necessary to codify the Muslim law. The status of Muslim women improved as compared to earlier.
