by IJLMH | Apr 27, 2020
Every Right around 27 years after the destruction of Ayodhya’s Babri Masjid, and 69 years after the title suit regarding the contested land was first recorded, the Supreme Court at long last carried conclusion to, seemingly, Independent India’s generally disputable and strictly polarizing case. In its consistent judgment, a five-judge Bench drove by the then CJI Ranjan Gogoi administered Nirmohi Akhada was not a shebait of Ram Lalla. It likewise decided that the 2.77-section of land contested land package had been involved in the sixteenth century to fabricate the mosque wrecked in 1992. In the wake of having inspected and expelled the proof of the post-free period, the ASI discoveries, travelogs, land and income records, the five-part seat of the Supreme Court takes a gander at some other proof to show up at a decision. The contested land was granted to the god Ram Lalla, one of the three prosecutors for the situation. The court guided the focal government to assign 5 sections of land of elective land to the Sunni Waqf Board in Ayodhya to construct a mosque.
by IJLMH | Apr 27, 2020
The human cost of terrorism has been felt in virtually every corner of the globe. The United Nations family has itself suffered tragic human loss as a result of violent terrorist acts. This research paperwill specifically deals with various aspects about ‘Human Right and Terrorism’, which will include its meaning and scope of the topic underlined with various sub topics that include impact in the world and specifically in India due to the increasing fear within people around the world. Security of the individual is a basic human right and the protection of individuals is, accordingly, a fundamental obligation of Government. The paper will attempt to make a comprehensive study on the impact of Terrorism on culture and religion, how Modernisation and other factors are also affecting Quality of Human Right laws, how film industry is influencing thoughts of people globally on Human Right and increasing awareness and how media and Politics influence it. We will limit the time zone from 20thto 21st century with citing incidents from past that is reflected in current scenario too. The authors will make an ideology about morality and public behaviour and present a survey which would depict people’s perspective on “what are the effects of Human Rights on Terrorism.”
With an aid of the relevant literature, scholarly articles and case laws pertinent to the topic of the research project, an in-depth understanding shall be cultivated. Any, conclusion arrived at shall be further by applicable cases, as the interpretation of various international organisations is also very essential to better understand the laws in play. The relevant facts and figures shall also give weight-age for the better understanding about this socio-legal nuisance. This research paper is a mixed research paper, with suggestions from author’s side and also includes the doctrinal and empirical research methodology on the given topic.
Key words: Media, Political Influence, Morality, Religion, Terrorism.
by IJLMH | Apr 27, 2020
In India, the huge amount of the population is living below the poverty line, and the costs towards health protection are excessive which simply shows that there is a serious wellbeing emergency with inadequacy as for human services and the convenience, sensibleness, and availability of the medicines in India. Section 3(d) is an exclusive provision under the Indian Patent Law. It attains unbelievable stability between The Agreement on Trade Related Aspects of Intellectual Rights (TRIPS) command and obtains access to medicine for poor people. This has made India a leader in the pharmaceutical industry. The condition has without a doubt encountered a change after the TRIPS. The pharmaceutical patenting in India is of exclusive importance to the present issues of public wellbeing since the Indian market and the pharmaceutical firms are significant providers of the low-priced pharmaceutical items as conventional medicines. The issue of access to drugs has acknowledged worldwide measurements for a thousand years on account of India being a part of the Doha Declaration on the TRIPS Agreement and Public Health, 2001. With it’s established and increasingly export arranged pharmaceutical industry being acclaimed by common society awareness. India has been at the focal point of the worldwide access to medications campaign. The Indian business gave the campaign a financial spine by demonstrating that an elective pharmaceutical industry was attainable. The ongoing patent law decisions including that of the Supreme Court in the Novartis case, demonstrates that India keeps on placing a quality on public wellbeing in connection to pharmaceutical patent law judgments. Therefore we see that the pharmaceutical patents curb the conventional challenges and therefore increment costs, and are believed to be a noteworthy obstacle to access to medications in evolving nations.
by IJLMH | Apr 27, 2020
India is currently engaged in an unexpected and massive health crisis, battling potential economic and social risks as the country remains in lockdown due to the Covid-19 virus. At this juncture, the Apex Court’s role in supplementing government’s policies and acting in furtherance of reducing risk and exposure becomes pivotal. However, the same was recently made subject to a debate with respect to the court’s decision to make testing for the virus free of cost in the approved private laboratories. The decision comes under scrutiny, as it becomes another example of judicial overreach wherein the court occupied the executive’s domain as it re-created policy. In addition to violating the doctrine of separation of powers, the court’s directions to oblige private entities with the object of enforcing fundamental rights was blatantly contrary to the well-established rule that fundamental rights stand to be enforced only against the state. The article aims at analyzing the shortcomings of this decision including the impact it would have had economically as well as in terms of its effect on the fight against the novel virus had this order been allowed to sustain. The researcher shall also discuss the subsequent modification made in the order and how the same reflects poorly on the Supreme Court as it acknowledges with disconcert its own transgression. The article attempts to bring to light the pattern of unfortunate judicial supremacy in India and the impression it tends to create in the minds of the general public to the tune that every policy decision is accountable to the judiciary’s modification of the same even if it does not involve any legal question whatsoever.
Keywords: Covid-19 Virus, Supreme Court, Lockdown, Free-testing, Private Laboratories
by IJLMH | Apr 27, 2020
For a long time, the Indian judiciary has debated as to which rights should be included within the ambit of fundamental rights, particularly within the scope of Article 21, the right to life. It has already been established by previous judgments that life does not mean merely an animal existence – it should be a quality human life. In this paper, the inclusion of right to sleep within the ambit of right to life has been discussed, with special reference to the 2011 case of Re-Ramlila Maidan Incident Dt. 4/5.06.2011 vs Home Secretary and Ors. In this case, the police force brutally drove away the sleeping followers of Baba Ramdev at 1 a.m., which necessitated the discussion about sleep as a part and parcel of life.
After the incident, the question arose as to whether the state should consider the sleep schedule of people as an important factor while administering justice, and to what extent. The police attempted to defend their actions by a number of legislations, such as, the Criminal Procedure Code and the Constitution of India itself, which imposes reasonable restrictions on the exercise of a person’s fundamental rights. The Supreme Court of India, in this case, embarked to decide upon the balance between the right to sleep of the people and the maintenance of peace by the state, and provided a landmark judgment. This research provides a thorough analysis of the facts and arguments of the case, along with the Court’s rationale behind the judgment. It also comprehensively discusses the various important features of the fundamental rights, with special reference to the right to sleep.
by IJLMH | Apr 27, 2020
Access to information, like most other rights, is not an absolute right and it can be restricted in variety of instances such as for the purposes of protection of public interest. Beside the fact that Tanzanian access to information law limits certain information from public access for the purpose of protecting public interest, it is very important to know defects of this limitation and challenges posed by it. Thus, this paper examines provision(s) which provide public interest as a ground for disclosure or non-disclosure of information in Tanzania in order to see their effectiveness in promoting right to access information. The paper finds that, while public interest is a ground for refusal of disclosure of information, there is no definition of what is considered to be or not to be in the public interest in Tanzanian access to information law, leaving that to the discretion of the information holders approached. Consequently, the paper reveals that the Access to Information Act, 2016, lack important provision regarding public interest override which can guarantee disclosure of information if public interest so demands. The author concludes that there is the need for the parliament to amends the Access to Information Act, 2016, to include provision(s) which, among other things, will eliminate the aforementioned challenges.
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