by IJLMH | Apr 26, 2020
This article examines the journey undertaken by the Indian courts before declaring the right to privacy as a fundamental right under the Constitution of India, in the judgment of Justice K.S. Puttaswami v. Union of India. For a simpliciter understanding, the substance of the article is divided into three phases covering the crux of several relevant judgments. The purpose of this article is to elucidate the thought process of our courts over a period of time and also to indicate the difficulties faced by them in declaring the right to privacy as a fundamental right. This article also discusses several exceptions carved out by the courts when the right to privacy was pit against other fundamental rights. It is hoped that this article will be helpful in understanding the interesting evolution of this right which has become rather crucial in this modern age of internet and technology.
by IJLMH | Apr 26, 2020
The field of international arbitration has been the heart of new challenges and arguments in the recent times. It is crucial for the forerunners to keep amending the rules so as to maintain the adaptability of the process. An area to be pondered upon is the exclusion of counsel from the arbitral proceedings if they pose a threat to the credibility of the process. A conflict of interest is sparked by the addition of a counsel that jeopardizes the neutrality of an arbitrator.
Even though there are no explicit provisions that deal with the issue of counsel exclusion, the majority of arbitration rules and statues grant the arbitrators an unmistakable power to conduct the arbitral proceedings as they see fit and appropriate, thereby vesting wide discretionary powers in the hands of an arbitrator which should be exercised in order to preserve the efficacy of the proceedings by the exclusion of a counsel that causes a conflict of interest. On the contrary, it has also been argued that such an order violates a party’s right to choose their own counsel as well as the right to present one’s case.
This paper explores the role of an arbitrator in an international arbitration and analyses how an arbitrators’ powers should be broad enough to influence the course of the arbitral proceedings, so as to give an impartial result to the parties’ dispute.
by IJLMH | Apr 26, 2020
The Constitution of India is a legal as well as a moral document. While the word ‘morality’ has been mentioned only four times in the Constitution, twice in Article 19, also more commonly known as right to freedom of expression and once in Article 25 and Article 26 under right to freedom of religion. The literal meaning of the term constitutional morality is adherence of the constitutional democracy
Its scope is not limited only to following the constitutional provisions but a commitment to inclusive and democratic political process in which both individual and collective interests are satisfied. It encompasses ensuring the constitutional values like rule of law, social justice, individual freedom, judicial independence, sovereignty etc. Till now many laws have been made by the Judiciary and Parliament that shows commitment to Constitutional morality. Some of them are: –
1. Decriminalising of Section 377 of the Indian Penal Code (1860)
2. Striking down of Section 66 of the Information Technology Act (2000) (Shreya Singhal case, 2015)
3. Medical Termination of Pregnancy Act
4. Criminal Law Amendment Act
5. Opening of Sabarimala temple to women of all age
6. Ban on triple talaq
by IJLMH | Apr 26, 2020
Parody, now a day is one of the hot topics in copyright issues. Parody is a form of art which is used since ages as a comic and satirical version of some other works but the problem arises when it comes to the imitation of copyrighted work because when a parodist by way of imitation put forward a comical and satirical version of any copyrighted work, he deems to infringe upon the copyright of the author of original work. In such cases the provisions of Copyright Law is required to be very clear in order to establish a balance between the rights of a parodist and an author, which is unclear in the laws of many countries. There are several issues which requires critical appraisal like the conflict between the rights of parodist and author vis-à-vis commercial as well as moral rights, the amount of material to be copied in parody. These are all the issues which require a definite conclusion to it.
Keywords: Parody, Copyright Issues, Intellectual Property Rights
by IJLMH | Apr 26, 2020
The focus of this paper is to unravel the concept of fair trial. The initial chapters of the paper shall introduce the concept of trial and fair trial. The edifice of fair trial cemented by natural justice principles is the succeeding part. Explanation of fair trial as a human right is also given in nutshell. This is followed by the multifaceted dimensions of fair trial and the barriers in its way. A glimpse at the international instruments germane to the aforementioned right to fair trial and an analysis of a few cases across the globe occupies the next segment. The Indian position accompanied by the scrutiny of the quintessence of seven recent judgments (2016 verdicts) relevant to the topic at hand is unveiled in the chapter that trails by. Finally, the authors view on the topic gives the concluding remarks.
by IJLMH | Apr 26, 2020
The Development paradigm that is accepted in India stands on the model of economic development. It needs infrastructure in the form of roadways, railways, airports, industrial corporations, dams, mines etc. the state while achieving this object needs land as the main resource. It uses its power of Eminent Domain to acquire land compulsorily for a public purpose; development of the nation on the above lines being an established public purpose. Thus the inevitable result of such mega development projects is the mass displacement of the people, who are the inhabitants of the land under compulsory acquisition, or who depend on such land for their livelihood. The contemporary society because of the ongoing impoverishment of displaced and project affected persons, during the last two decades development induced displacement has become a major issue on the human rights agenda and among socially conscious scholars. A major reason for it is the marginalization of the Displaced Person’s Development Induced Displaced persons, a substantial number of whom are dependent on Natural Resources. Faultiness in the act and the burning topics like Compensation, Rehabilitation Resettlement has created a furore in the country against the government. In states like Chhattisgarh where it has experienced violent protests and internal disturbance from the red wing and the Government against the private project which has displaced population in lakhs. The Tribals had emotional attachment to their Jal,jungle and zameen and basically this a question of their identity and self-determination.
