by IJLMH | Apr 27, 2020
Biopiracy is playing a crucial role in the maintenance of biodiversity as biopiracy is a complex issue which consensus in the international community. The growing expansion of technology was pushed by developed countries to protect their technological knowledge and culminated in the adoption of minimum standards for patent law in the WTO TRIP’S Agreement. Efforts of the much weaker developing nations to address negative effects if IPR’S on developing countries and their biodiversity have been much less effective. The growing concern for the disappearance has resulted in adopting various legal instruments such as Convention on Biological Diversity, TRIP’S, Nagoya protocol, WTO, and so, but a mandatory disclosure could be used to monitor compliance with the CBD and remedy biopiracy .In this article a legal perspective has been gone through for an effective remedy to biopiracy from database genetic resources, traditional knowledge and private agreements.
Keywords: Biopiracy, Biodiversity, Intellectual Property, Biological Diversity Law, India and Biopiracy
by IJLMH | Apr 27, 2020
The evolution of the Juvenile law in India can be traced back to the early 18th century. Over the years the journey to strengthen the juvenile justice has been positive though their outcomes and result has not been so encouraging. Crime by and against juveniles shows an increasing trend every year as evident from the yearly data of National Crime Record Bureau. The recently re-enacted Juvenile Justice (Care and Protection of Children) Act, 2015, which is a comprehensive legislation inter alia to provide for general principles of care and protection of children, procedures in case of children in need of care and protection and children in conflict with law intends to ensure proper care, protection, development, treatment and social re-integration of children in difficult circumstances by adopting a child-friendly approach keeping in view the best interest of the child in mind.
From the earlier 70 sections, the JJ Act 2015 now has 112 sections. The Act seeks to provide greater clarity in the definition of Child Care Institutions and Children’s Court. The Child Care Institutions in respect of children in conflict with law are the Observation Home, Special Home, Place of Safety and fit facility. For children in need of care and protection, Open Shelters, Children Home and Special Adoption Agencies have specific roles to play. The major task hence to strengthen the legislative and institutional capacity for juveniles ranges from developing a general understanding of adolescent development, the needs of juvenile, and the fundamental nature of these programs, to critically examining the research, evaluation, and data instruments they use.
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by IJLMH | Apr 27, 2020
In Vietnam today, the issue of transgender is gaining a lot of attention from society in large part because of movements, activities for the rights of homosexual, bisexual and transgender people. In particular, the fact that Vietnam’s Civil Law 2015 regulates transgender in Article 37 has created a need to build and complete the legal basis for this activity. Determining the approach when formulating the law on transgender is an important issue especially in the context of a right-based approach (right-based approach) is a mainstream trend in the world. This article tries to clarify the current situation of gender change in Vietnam and propose some recommendations and solutions to improve the law on transgender in Vietnam today.
Keywords: Law, gender transfer, Vietnam, transgender.
by IJLMH | Apr 27, 2020
Marriage is a social institution which is always guided by religion. India is a land where there is unity without homogeneity and diversity without disintegration. The Constitution of India protects freedom of religious belief of the citizens. This protection is not unregulated. If any religious practice is not an essential and integral part of the religion, then judiciary can securitize whether it is violating any fundamental rights. This paper tries to analyse the nature of practice of polygamy by Muslim Community and tries to analyse whether such practice can be protected under the ambit of essential religious practice. The paper attempts to state international conventions on women rights which addresses the issue of polygamy.
by IJLMH | Apr 27, 2020
Crime and delinquency are not mere legal or moral problems, they are the manifestations of domestic neglect and social apathy. Modern psychological studies have provided new insights into the cause of aberrant behaviour and involved new ways of treating mental illness. The present research paper is based on empirical work. In this study the behaviour of delinquent juvenile is observed and studied by observational techniques, the interview and case-study method. The main object of this research paper is not only to explain the nature and concept of ‘Juvenile in Conflict with Law’ in theoretical aspect but also in practical aspect. As children are the future of any Country therefore, society expects them to grow as responsible citizens. The future well-being of the Nation depends upon the fact how the children grow and develop. The children require the protective umbrella of the society for better growth and development. Therefore, it the paramount obligation of the State to attend to the children to make them appropriate citizens of tomorrow. It is hoped that this research paper will be welcomed by all those for whom it is meant.
by IJLMH | Apr 27, 2020
Major milestone in providing right to speech and expression was achieved on 10th December 1948, when in Paris the United Nations proclaimed the Universal Declaration of Human Rights and whose Article 19 provides for, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers “
In India, there was no right to speech and expression up until the departure of British and birth of Constitution of India in 1949, the provision Article 19(1)(a) provides for, “All citizens shall have the right to freedom of speech and expression”. Freedom of speech and expression comes under purview of rule of law and works as a hallmark for the democracy. Without having the power to criticize the government or their policies, the main objective of democracy is violated. To ensure the survival of democracy and for the sake of all human beings to live a life worth living, each country in this world needs to provide its citizen with basic right to speech and expression.
In this paper, the researcher’s main focus would be on the provisions provided under national and international law on implementation of Right to speech and expression.
Keywords: Government, Article, Constitution, Proclamation, Charter, Democracy
