by IJLMH | Mar 24, 2020
Social media’s impact on our daily life, and the way people form opinion through social media information, has become the subject matter of the study for academician. Social media is a platform on which fake news can easily spread and have the power to amplify the speed and force of the message that advocate abuse against minorities and allow incendiary news spread like wildfire, that phrase fake news has been used in different context. Fake news fabricates the information with organizational process or intent, purpose of information is to mislead other into believing falsehood and doubting true facts, fake news contain many kinds of information such as propaganda, person exploited as satire, profit mechanism fake news etc. Almost every political party had their own IT department for fabrication of the information. In India there is no direct regulatory regime for the regulation of fake news and indirect regulation are sometimes conflicts with the right of freedom of speech and expression. This paper outline the current regulatory mechanism for the regulatory framework, tools and techniques used for the regulation, loopholes in the current regulatory mechanism and need for specific law for fake news and repercussions of regulation of social media content because it may affect individual right of freedom of speech and expression paper also discusses about various steps taken by WhatsApp in response to the Indian government concern over fake news.
Keywords- Social Media, Fake news, regulatory framework, tools and techniques of regulation and right to free speech
and expression
by IJLMH | Mar 24, 2020
This paper focuses on the rule of Strict Liability in International Environmental Law. The Rule of Strict liability in International Environmental law is about the responsibility of state upon any act that pollutes or affects the environment of any other state. State is held responsible if it causes any environmental harm outside its territory but only if such harm is done in breach of an international obligation. The paper starts from introducing the rule primarily in environmental agreements and also focuses on the development of norms on strict liability for Hazardous lawful activities. This research paper tries to demonstrate the present position of the rule of strict liability in the International Environmental Law and concluded with the same.
This paper is an attempt in bringing together all the information, developments and to mark the present position of Rule of strict liability in International Environmental law. The existence of this law seems to be very integral part in the view of continuously degrading Environment.
Keywords: Strict liability, International Environmental law, treaties, convention, norms etc.
by IJLMH | Feb 27, 2020
Equality in the administration of Justice is precisely a flowering stem to the Indian Constitution. Equality here is referred to as an equal access to the Court and of presenting the case before the Judiciary but access to the court is limped upon by the payment of sizeable court fees and the assistance of skilled lawyers. This is in the context where she/ he is denied equality in the opportunity to seek justice. Nobody in our Hindustan shall be adamantly denied her/ his rights at law for lack of means but to translate this into actuality and address the same it was/ is necessary to create a considerable apparatus both on paper and practice. The present paper addresses the issue of Legal Aid Clinics constituted under The Legal Services Authorities Act, 1987. It has been observed that Para-Legal Volunteers, who have been appointed to create Legal Awareness and to provide legal aid to the needy is working efficiently to assist our developing country at par with the developed ones.
Keywords: Legal Aid Clinic, Para-Legal Volunteer, SLSA, Free Legal Aid
by IJLMH | Feb 13, 2020
Human Rights are those fundamental and inalienable rights which are essential for human existence. As defined by D.D. Basu, Human Rights are those minimum rights which every individual must have against the state or other public authority by virtue of his or her being a member of human family, irrespective of any other consideration. The notion of Human rights was developed by Greek philosophers for the first time.
After the destruction caused by second world war, the people of the world felt a necessity of an international organization for keeping the world away from was and generate a feeling of peace, fraternity and co-operation among all nations, this led to laying the foundation of United Nation Organization. In 1948, Universal Declaration of Human Rights was adopted on by General Assembly of United Nations followed by various conventions towards the same goal of providing human rights to all the people for them to live in peace and tranquility. The framing of the U.N. Charter, the Universal Declaration of Human Rights 1948, the International Covenant on Civil and Political Rights 1966, the International Covenant on Social, Economic and Cultural Rights 1966 and the other International and Regional Instruments can be said as the most captivating episode in the twentieth Century.
Democracy is the most popular form of governance today and among its many strong pillars is a stand of respect for human rights. Democracy can’t exist without human rights. It is additionally evident that there is a more prominent probability that human rights are “better” respected herein. Democracy originates from the society; it requires a political and social responsibility and commitment. All things considered a democracy can’t be forced from the outside as its combination requires a generation in time.
Given that democracy’s destiny is joined to that of human rights, as long as no universal agreement can be found on the precise substance on human rights no obvious advancement can be made on the issue of democracy and their development.
by IJLMH | Feb 8, 2020
The purpose of this research paper is to analyse and examine the validity of the Unlawful Activities (Prevention) Act of 1967. This paper will describe in detail the background to the legislating of the UAPA 1967, and go on to further discuss the arbitrary provisions of the act. With the help of landmark case-laws, the paper will attempt to determine whether the provisions of the UAPA Act of 1967 are valid, both constitutionally and ethically. A comparison between the various detention and terrorism laws of other sovereign states will be discussed in this paper. The paper will further attempt, through case studies, try and establish how the act suppress free thinking, and criminalises dissent. In conclusion, the researcher will try and answer the two research questions of the paper and give his own suggestions.
Keywords: UAPA; Dissent; Free Speech; Arbitrary; Constitutional; Ethical
