by IJLMH | May 4, 2020
Most of the offenses against the body involve physical violence. But one of the most prevailing and growing offenses with the same gravity is cybercrime. In the digital era, information and communication technology is helping billions to build the gap between people. But we do not realize that the gap is becoming so thin that every person is becoming capable of stepping into another’s shoe, infringing their privacy and even lowering the dignity of another. In such a case, women are most affected. Though they fall prey with various other offenses, “Violence online” affects them traumatically. This paper provides the study on cybercrime against women and laws governing them in the US, INDIA, and UK. The advancements in technology are intended to provide better living, but the same technology is being misused in various walks of life without any physical bounds. When this became a burning issue in India, various provisions were established in Penal provisions, Information Technology Act, 2000 and Privacy laws seeking protection to the victims. But these laws fail to meet the growing cybercrime rate. In a country like India, where the society looks down upon women, the laws prevailing does not sufficiently recognize these online crimes. This paper provides a descriptive case study in India to introspect the gaps between cybercrime against women and laws relating to the same. This paper aims to bring out the various types of cybercrimes and the reasons for the commissioning of these crimes are researched. Various cases are analysed to conclude. Suggestions as to the reforms required in the legal system to curb the rising criminals and changes in the attitude of the society towards the victim are discussed in the conclusion.
by IJLMH | May 4, 2020
International humanitarian law is a niche area, it is that branch of international law that is underdeveloped and is still under construction. This essay tries to focus the attention of its audience towards the meaning and importance of this emerging branch of law. International humanitarian law is contradictory in its subject matter; it is an oxymoron because a situation of war can never be humanitarian. The essay also explains the objectives and principles of International humanitarian law. The essay opens up with the origin and development of IHL, how it has opened doors for humanization of warfare followed by the history and birth of international committee of the Red Cross and the Red Crescent. Further the role of ICRC as the protector and guardian of international humanitarian law is also presented. The legal aspects of the Hague conventions and the Geneva conventions are discussed focusing on the rules framed and agreed upon by the states during warfare. The main aim of this piece of writing is to sensitize the readers towards the need of such law that governs the acts and conduct of sovereign states and the parties to the conflict in the worst situations like a battlefield. In the end it is left open to the audience to ponder upon how to make IHL a more effective branch of law.
Keywords- International Humanitarian law, Red Cross, Geneva Conventions, ICRC and humanization.
by IJLMH | Apr 30, 2020
This research paper talks about FGC and its religious view point arena .It goes on to the details about different types of Circumcision as categorized by W.H.O & its short terms and long terms impacts on the women physical and mental health. It gives a flavour of agitation of westerners towards FGC and mentioning it as ‘Mutilation’ and not circumcision. It then turns towards the counter arguments of the agitation of westerners by the ethnic groups of people who are engaged in such religious practise. It also covers the various reasons as to why the practise of FGC is criticized. Then it enters to the legal perspectives of FGC, how it violates different Human rights of the women and young ladies who are indulged in these practise, the legal stance of various African, American & European countries where FGC is banned by either introducing new legislation or by implementing the existing provisions of law. And finally it explains the situation in India regarding FGC and enters to the provisions of Constitution of India & Indian Penal Code regarding the Practise of FGC.
KeyWords: Female Genital Circumcision, Mutilation, Legality of FGC, Human Rights Violation
by IJLMH | Apr 28, 2020
Corporate social responsibility is a management concept whereby companies integrate social and environmental concerns in their business operations and interactions with their stakeholders. Even though the term CSR may be relatively new to India, but India has the world’s richest tradition of Corporate Social Responsibility (CSR). India has a deep-rooted culture of sharing and caring. This concept dates back to Mauryan history, wherein philosophers such as Kautilya stressed on ethical practices and principles while operating business and has travelled a chromatic journey and has now come down to become a statutory mandate for certain companies. This paper traces the journey of Corporate Social Responsibility from ancient medieval times to the Companies Act, 2013 along with the current status of CSR and the need for mandatory statutory provisions.
Keywords: “Corporate Social Responsibility”, “CSR”, “Companies Act, 2013”, “Section 135”, “Evolution of CSR”
by IJLMH | Apr 28, 2020
Since time immemorial, the idea of Legal Aid has been bolstered by recorded content substances wherein we have seen Empress of the antiquated Indian system Like Chandragupta Maurya and Akbar the incredible assimilate the idea of free lawful guide among their subjects during their standard.
In Kautaliya’s Arthashastra we see the relevance of Legal Aid to be a prime impetus that the ruler accommodates its subjects particularly from me in reverse class that would incorporate ladies, youngsters and senior natives who are subjects in the kingdom.
Legal Aid is only the apparatus to give no cost lawful administrations to the underestimated and abused society who can’t bear the cost of the administrations of a backer for the direction of a lawful continuing in any court, council or before a judicial power.
The preamble of the Indian Constitution secures all citizens the right which has been enshrined through the living document as social, economic and political justice. This par shall analyze the various intricacies of Legal Aid and especially the role that has been adopted by the judiciary in order to secure and provide free Legal Aid to all the citizens of India irrespective of any discrimination.
The paper also shows the evolution of the concept of Legal Aid especially in Pre independent and Post independent era. This, in turn, helps us to understand the concept better and also help us point out the loopholes of its implementation.
by IJLMH | Apr 27, 2020
The legislation which deals with Arbitration in India is the Arbitration and Conciliation Act, 1996, which has been amended by the Arbitration and Conciliation (Amendment) Act, 2015 and the Arbitration and Conciliation (Amendment) Act, 2019. The laws which governed arbitration in India before the Arbitration and Conciliation Act, 1996 were the Arbitration (Protocol and Convention) Act, 1937, the Indian Arbitration Act, 1940, and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996, has brought a watershed to streamline the Indian Arbitration Law and to permeate it with unrivalled global modus operandi. For the last ten years, a chain of judicial pronouncements and a number of amendments, have given a whirl to metamorphose our country into a robust hub for international as well as domestic arbitration. Our country has observed some productive legal reforms in the landscape of arbitration in the recent years. The amendments have tried to orient the arbitration regime of India with the significant arbitration regimes of other realms. Our country’s future as far as arbitration is concerned depends upon a number of factors, which include availability of arbitrators possessing profuse competence, quality, integrity and independence. Our country has been blessed with a great number of legal leading lights who can deal with labyrinthine matters concerned with arbitration, therefore, proper training and orientation will help us to produce masterly arbitrators which will prove substantial for the further development of the arbitration mechanism as far as India is concerned. The matters which are submitted to arbitration are usually numerous and diverse in nature, hence, it is in the fitness of things to have a bar which is specialised in arbitration and has not relocated from the conventional bar so that it can work effectively with the arbitral institutions in order to strengthen institutional arbitration in India which is yet not so popular in our country. Institutional arbitration has not been able to spread its wings in our country because the parties still prefer adhoc arbitration. The report by the High-Level Committee to Review the Institutionalisation of Arbitration Mechanism in India, constituted on 13th January, 2017, headed by Justice B.N. Srikrishna, Retired Judge, Supreme Court of India, had identified a number of factors for the limited success of institutional arbitration in India which are – lack of credible arbitral institutions, misconceptions relating to institutional arbitration, lack of governmental support for institutional arbitration, lack of legislative support for institutional arbitration, and judicial attitudes towards arbitration in general. Therefore, institutional arbitration in our country needs to propelled and evolved so that our country becomes a global hub of arbitration.
