by IJLMH | Nov 19, 2019
Legislative measures have been mad stringent enough to punish the offence of rape harshly and to increase the safety standards of women in the country. However if the problem is in the domestic front, no matter how much external protection is given to the woman, she will lie vulnerable. Marriage as a sacred institution definitely needs to be respected, but at the same time, any misconduct in the interpersonal relationship of marriage cannot evade the protection given by the Rule of Law provided in the legal system.
by IJLMH | Nov 19, 2019
The question that we must ask is- Could the modern state be anything else but all-encompassing in nature? The answer to this and other similar questions lies in the experiences of the American Independence movement as compared to various independence movements in the global South. In the global South, independence struggles, especially in India, have come to acquire central importance as a matter of choice. Such movements across the global South have not only faced an external enemy in the form of colonial power but at the same time, they have also fought internal enemies, of much bigger proportions, in the form of extreme poverty, socio-economic inequality, hierarchies of caste, race, gender and much more. A state that actively takes up the task of eradicating internal inequalities has been of primary consideration for the constitution framers. In achieving this, the constitution has also been the tool with which we the people have fought these internal enemies.
by IJLMH | Nov 18, 2019
Justice is one of the most important moral and political concepts with no agreed definition. Various philosophers interpret the meaning of justice differently. The concept of justice without law perhaps is not incoherent, but it is unavoidably vacuous. This paper analyses the concept of justice as defined by various philosophers and the difficulties in defining justice. The idea of justice depends upon the specific situation and the prevailing laws.
by IJLMH | Nov 18, 2019
This article focuses on the climatic change which is happening across the globe which has been caused by the manufacturing industries such as Vedanta Ltd. with specific reference to India. A case study has been conducted through empirical research in the regions of Tuticorin where mining and copper smelter plant has been shut due to the environmental and climatic threats they were posing. The article starts off with the conventions relating to climatic changes at the global platform and the obligations they impose on the signatory parties. The article also focuses on the need of a sustainable development in a way that it does not hamper the development of the nation in parallel to the current needs.
The article then specifically addresses the issue of climatic change in Tuticorin caused by Vedanta Ltd. and how it is affecting the local residents. The researcher has given a few recommendations as to what can be a feasible way to curb this issue and ensure that the balance of the nature is not disturbed.
by IJLMH | Nov 18, 2019
The evolution of limitations appended to a copyright monopoly was also designed to serve some vested and solid social,
economic and political aspirations of the contemporary sovereign heads. Consequently, it was really interesting that the
scope and span of these innate and instinct attributes underwent gradual and enduring changes with the changing
aspirations of the sovereign.
by IJLMH | Oct 26, 2019
Whenever a serious offender is sentenced for violating laws, a great amount of public interest is attracted during the sentence of the criminal. Even, when heavy sentencing is imposed on them through long term imprisonment or death penalty not much of the change in reduction of crime rate has been observed. The true picture depicts how the deterrent theory which is still prevalent in common countries fail to achieve its objective of setting an example so that the similar type of offence is not committed henceforth. One of such exemplary punishments is of ‘Life imprisonment’. This clearly does not reflect any changes in the offence pattern, despite being one of the highest forms of punishment.
A Constitutional bench of the Apex Court has held that the life imprisonment lasts till last breath, and the remission earned by the prisoner can be claimed only if the remaining sentence is remitted by the government. A mandatory prison sentence without the certainty of being released or probation with the term which may extend up to the life time of the offender raises grave question in Indian Constitution, primarily being human dignity which has negative psychological effects associated with it as well. It is no hidden fact that how inhumane and degrading conditions are being prevailed in the prison cells which the offenders undergoing life imprisonment are subjected to, hence no purpose of being a mere severe punishment is served at its maximum.
The paper would be discussing how life imprisonment violates the Constitutional value and basic human rights like dignity and right to clean and hygiene environment and others and how alternates to life imprisonment are a more promising source of reforming the society and bringing down the crime rates among many other benefits. The paper would also provide some suggestions which can be implemented for the benefit of the prisoners and the society at large.
Keywords: Life imprisonment, Constitutionality, Reformation, Inhumane and degrading conditions, Fundamental Rights.
