by IJLMH | May 13, 2020
Freedom of speech and expression are natural rights and are the very first condition of liberty. Freedom of speech and expression are the most essential feature of a truly democratic country. The freedom of speech and expression form the basis of criticism as well as intermingling of ideas and beliefs. Therefore, in the modern times freedom of speech and expression is the very basis of free society and must be safeguarded at all times. But the freedom of speech and expression must be used with vigour so that it does not hurt the emotions of any other citizen and each and every citizen should be sensitive towards the emotions of other citizens in a democratic society.
It is at this juncture of time that we need to strike a line between freedom of speech and expression and the hate speeches delivered by politicians and the media houses. Even at a time when a pandemic has hit the whole world politicians are busy making hate speeches, a hate speech is any way of communication in writing, speech or behaviour that attacks or uses discriminatory language against a person or a group of people on the basis of who they are, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor. Thus, there is an urgent need to strengthen hate speech laws so that there is a restriction on hate speeches and also there is a need for providing awareness among the people so that they don’t fall prey to these speeches.
Keywords: Freedom of Speech and Expression, Hate Speeches, laws.
by IJLMH | May 12, 2020
Reservation to an international treaty means a unilateral statement made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. Human rights treaties do not regulate the relations between states, but guarantee the rights of individuals with regard to the state. A treaty of such a nature should be set out without the interventions or interruptions of the States. Use of reservation in human rights treaties are seen by human rights activists, as a disturbance to the actual purpose and motive of the treaties as the Vienna Convention on the Law of Treaties continues to govern the matters of reservations to human rights treaties and the fundamental rule remains that a reservation cannot be incompatible with the object and purpose of a treaty. Reservation also makes human rights treaties interdependent in nature as the states interpret the treaties with their own laws and create certain restrictions and modifications in the treaties which spoil the actual essence and purpose of the treaty and it remains without serving any much good to the people.
This research paper will basically answer the question as to what extent states can validly make reservations to human rights treaties. This paper tries to address the following questions such as what is the reason for providing reservations in international conventions, how do these reservations make the treaties weak in the light of human rights treaties, how to protect the treaties from getting influenced by different states.
by IJLMH | May 12, 2020
As new technologies and innovations emerge, there has also been a shocking rise in crime around the world and cybercrime is now one of the most vulnerable crimes. The cyberspace is taken up by a new form of crime which involves repeated attempts by one person to reach another, causing that person a sensation of threat in his or her mind. This emerging crime is commonly referred to as cyber stalking. India too is no exception in this paradigm of cyber crime. This crime have created new issues and challenges for the detection, and prevention of such crimes as it is inadequate to just use the traditional methods such as identification by witnesses and enforcing restraining orders. In this crime of cyber stalking, cyber stalker disguise themselves using the internet without the fear of any consequence and target victims. This paper examines cyber stalking as an example of a crime that is simultaneously both amenable to, and resistant of, traditional forms of legislation, depending upon the way in which the possibilities of the Internet are exploited. The paper attempts to define cyber stalking first and then explains different manners of stalking. There is a distinction made between cyber stalking and offline stalking. The more focus has been laid down on Indian legislative framework regarding cyber stalking and drawbacks concerned to it. The constitutional framework with respect to cyber stalking has also been discussed. In the latter part, the paper attempts to suggest measures to prevent the crime and deal with cyber stalkers.
Keywords: Cyber crimes, Cyber stalking, Cyber space, challenges, framework, Internet.
by IJLMH | May 12, 2020
Kelsen took this argument very seriously. He observed that the actions and events that constitute, say, the enactment of a law, are all within the sphere of what “is” the case, they are all within the sphere of actions and events that take place in the world. The law, or legal norms, are within the sphere of “ought”, they are norms that purport to guide conduct. Thus, to get an “ought” type of conclusion from a set of “is” premises, one must point to some “ought” premise in the background, an “ought” that confers the normative meaning on the relevant type of “is”. Since the actual, legal, chain of validity comes to an end, we inevitably reach a point where the “ought” has to be presupposed, and this is the presupposition of the basic norm. The author will discuss the applicability of the ‘Grundnorm’ of Kelsen in today’s scenario.
by IJLMH | May 12, 2020
The following article gives an insight to the concept of Divorce by Mutual Consent under Hindu Law with reference to a landmark judgment of Hitesh Bhatnagar v. Deepa Bahtnagar decided by the Apex Court. The author tries to highlight the sanctity of marriage under Hindu Law and how the court shall use its Power under Article 142 of the Constitution to allow complete justice departing from the strict interpretation of statutory provisions. However the author further identifies some grey areas in the law point and tries to fill the gaps by offering some recommendations which gives an opportunity to research on those specific points
by IJLMH | May 7, 2020
Agriculture has been, and perhaps will remain one of the key issues in the world trading forum, and even more so in the Indian context. To understand these sensitivities fully, including India’s emphasis on self-sufficiency, it is important to keep in mind India’s past trends of extreme shortage of food that the country faced in the mid 1900s. It was only the success of the ‘Green Revolution’ that helped India overcome its dependence on food aid. India once again stands in the horizon of shortage of one such precious staple: the onion. This article critically analysis the current crisis in terms of causes and effects of scarcity of this particular resource. The information used includes both laws of International caliber and Indian legislatures along with their inter-relation to stop the crisis. The study further examines how the Indian government corroborated these laws in order to effectively put an end to the onion crisis of 2019.
