by IJLMH | Oct 8, 2019
The article has a major role in dealing with polygraph and Narco analysis in collecting the evidence and to testify the constitutional validity. From centuries there is a rapid growth in science and technology development which include sophisticated methods in replacing the third-degree torture by police and help in lie detection. It carries the function in a smooth way. There are various scientific tools which help in the interrogation such as polygraph test, brain mapping, narco analysis and the truth serum. These tests have been recently developed to extract the information. These psychoanalytical tools are used by the investigating officers to find the truth and observe the behavior of the suspect and conclude on their observations. The main three tests such as polygraph, Narco analysis and brain mapping are called as deception detection tests. They have important role in ethical, scientific and legal implications. They are useful in revealing the information in grievous crime. Though sometimes it is crucial to detect the self-known information it can be clarified through the investigation. The study helps to arrive at the logical consequence and answering a large number of issues during the investigation. Forensic science has a vital role in detecting the crime. It is said according to Encarta world dictionary the word forensic means crime solving with application of science and to conclude on the issues arises from the crime or litigation. Forensic science is an important aspect of jurisprudence. It is a weapon in administration of justice. Forensic is the operation of the applications of science to conclude the analysis from the crime. However, sometimes they appear to be contrary to the fundamental rights of the examinees as they are subjected to pain and suffering in these tests. The procedure in which the information is extracted is also in question as they are not in their senses while divulging information in these tests.
The aim of this paper is to analyze the validity of these tests through the lenses of the constitution and determine whether they are in loggerheads with our basic fundamental rights and principles of natural justice.
by IJLMH | Oct 8, 2019
The paper describes the recent statutory and judicial developments as regards the arbitrability of IPR agreements and particularly over Copyright licensing. It shows the thrust of the state judiciary has been to allow for the progressive growth of arbitration in the area of contractual obligations (as rights in personam) and so to give a fillip to the rights of the parties to invoke arbitral jurisdiction through the express provision of an arbitration clause in the agreements inter se. Similarly, in the realm of patent infringement, arbitration has emerged as a favored tool of the rights holder to protect his legitimate interest with a greater degree of confidentiality and expediency than expensive courtroom litigation. However, the Apex court has yet to render a definitive verdict on the matter.
Keywords: IPR, Copyright, Patent, Arbitration.
by IJLMH | Oct 8, 2019
In the process of delivering justice if the Judiciary merely restricts its role to that of an interpreter, there would be an evident failure of justice which will lead to compromise of the concept of “rule of law”. The law makers being merely human beings are in no position to foresee the needs, wants and aspirations of the future. Hence laws which were made in accordance to the then existent needs of the society, should be interpreted by the judiciary in such a manner as to satisfy the wants of the present. India being a democracy is always at a threat of a brutal majority exercise of power by the political executive over the “law of the land”. Political dissenters and vocal critics are witnessed being hunted down by political parties, who acquire the power to form the government. While an active judiciary merely applies the existing laws to the facts, an activist judiciary surges a step ahead to interpret the laws according to the existing circumstances, to deliver justice to the aggrieved who stand at a vulnerable position of being harmed by simple application of the law. Here emanates the significance of an activist judiciary, which performs the role of a “philosophic advisor”, whose advice is of great significance for the democracy. The activist Indian judiciary maintains the living nature of the Indian Constitution which in turn maintains the hope of the citizens in the system.
Keywords: Activist, Democracy, Judiciary, Justice, Transformative Constitution.
by IJLMH | Oct 8, 2019
Beginning in the late 1960s, the question of whether or not insider dealing should be regulated has been a controversial issue. The crux of the matter is generally agreed to be Henry Manne’s arguments in his 1966 publication Insider Trading and the Stock Market. This book stunned “the corporate law school of thought by arguing that insider dealing should be deregulated” and ranks among the “truly seminal events in the economic analysis of law”. Whether or not one agrees with Professor Manne’s views on insider dealing, one must give him credit for studying the effects of insider dealing from an economics point of view and daring to conclude that rather than it being prohibited, insider dealing should be encouraged as the practice was beneficial to both the securities’ markets and the corporations using them. However, at the policy level, there is general consensus that insider dealing should be prohibited as regulating insider trading became the central element of modern well-regulated capital markets and this resulted in a wave of insider dealing regulation during the 1990s. In chapter one, Manne’s crucial arguments are deconstructed and compared to the counter-arguments and policy justifications put forward by both, Manne’s critics and supporters, when discussing the regulation or deregulation of insider trading. It concludes by questioning the feasibility of (empirically-backed)economic arguments that are devoid of ethical considerations in the broad sphere of policy-making.
by IJLMH | Oct 8, 2019
Time changes the day, now days everyone is too busy in their own profession that they had no concern about the surroundings they stay, the environment scenario they live in except making themselves healthy and wealthy. Earlier the people’s surrounding and environment were free from all types of pollution. Ages ago people only wanted their basic needs that is food, cloth and shelter. They didn’t need what the today’s generation kids demand. But as the time changes, demand increases. So, to fulfil new generations demand, numbers of industries, factories and machinery setups had been installed all-over the country. Due to which the impact of industrialization on environment had led the way with certain positive and large negative outcomes. The formation of industrialization leads to creation of massive pollution and exhausting the earth’s resources. Global warming and greenhouse effects are the result, of industrialization on the environment. Rapid growth of industries is leaving harmful effect on the human life by polluting air and water. This article is particularly going to deal with the industry situated mainly in Kanpur, Uttar Pradesh which are the foremost reason of creation of massive pollution due to which India’s holiest river, the Ganga turns black.
by IJLMH | Oct 8, 2019
The third gender better known as Transgender in India have existed in every culture, race, class and religion since, the inception of human life has been recorded and analyzed. But then why our society doesn’t consider them as humans? Why are they neglected by people? Just because they differ in some ways from all of us. If god has made them then who are we to neglect them. We should keep ourselves in their place and think to what all they have gone through and still are going and then think what the society do with them is correct ? Everyone comes into life for a purpose, not for their own but to fulfill purpose in some other’s life sometimes. Even transgender are humans like us and we must respect them and their feelings. After all, humanity is above all. But still it is sad to hear and see; we the people who are living in 21st century have all such disbelief which leads us to behave misappropriately with someone. Why we forget that we are also humans, we must know to care for others as well. Even transgender are humans but still they are shunned by family and society, they don’t have access to education and several other services, they don’t have their basic civil rights, which is against humanity. The change to this issue can only be bring back by the upcoming generation. We should make our people and society realize that transgender are also humans and we should behave with them as normally as we behave with those persons who are not transgender. Because each and every person in this universe is unique and an integral part of nature made by god. So, we must respect to this unique creation of god and make them as a part of our society too.
