by IJLMH | Jul 3, 2020
The covid 19 crisis has been the worst crisis in the human history since the past 100 years. This pandemic has caused huge loss and damage to may things. The economy has shattered and many other such horrific things have happened with the pandemic. However worst the pandemic may be, human rights of an individual human being should not be violated. These rights are very vital for humans and are the basic rights given and guaranteed by the constitution of India. From all the humans, rights of the prisoners and people in juvenile homes is also vital. The article discusses these prisoners’ rights amidst the pandemic and what the government is doing to protect these people’s rights. At the end, the article ends with the conclusion drawn by the author and suggestions to improve the conditions of the prisoner’s and protect their rights in this pandemic.
by IJLMH | Jul 3, 2020
Recent outbreak of covid19, its alarming level of spread & severity from the very origin of China in Wuhan, China’s response to control pandemic and its initial inactions, need some in depth analysis of situation from the very initial stage.
Also, complex Geopolitical situation all across globe, competitive advantage one over other & changing scenarios seemingly threatened existing world order. This Geopolitical period is perhaps the most troubled since final decade of 20th century, which created more uncertainty for futuristic new World. One can predict adverse potential social impact, political impact, economic impact, through sober reflection & cost benefit analysis. It is de facto truth that world certainly going to change by whatever, parameters or diamensions one may take into consideration. Changing course of Polarization, Globalisation, Multilateralism will add more weight in situation. Social order has already been changing . Economic order will take time as it requires more Economic stability , Non volatility & Investor friendly Environment. Furthermore, alteration will occur as emerging signals are concerned . Capitalist USA-Socialistic China, Democratic USA-Communist China, their sphere of independence vis a vis interdependence, both are notable players in this 21st century. Fierce trade rivalry between them, major disagreements in context of present geopolitical events will have serious implication in International system. Both have capabilities, to change existing world order and create new one based on their parameters, their self interest and their priorities. Fear factor is that this will have serious ramifications on developed and developing Countries. Consequentely, China’s rising footholds in world is cause of concern. Its diplomatic outreach to consolidate its control is something astonishing. My research paper will serve the purpose, to understand this geopolitical event (covid19) in multidiamensional way and highlights the possibilities of changed World Order with ongoing Diplomacy.
Key terms – Foreign Policy, Diplomacy, Geopolitics, Petropolitics, Multilateralism.
by IJLMH | Jul 3, 2020
Every person has the right to take decisions according to his will and his liberty. He is independent and is free to act in the manner he desires to. However, it is imperative that the individual does not exercise this autonomy in an unfettered manner which goes to the extent of infringing upon the rights of another individual. Criminal law comes into picture when a person does not recognize his/her responsibility of exercising his rights in a reasonable manner. We argue that criminal law plays a crucial role and is necessary for the society. It upholds the idea of public conscience and values. It reduces harm to the individual by striving to protect him and bringing down the feelings of vengeance of the victim by punishing the perpetrator. Punishments under criminal law serve as a deterrent which is seen as a crime prevention strategy. Although criminal law in itself could be put under number of reforms, for example, the relaxation of imprisonment periods or making rehabilitation a cornerstone, it is difficult to have alternatives to criminal law as a whole that could work with more or same efficiency. This essay seeks to explain this view by exploring the nature of humans as theorised by acclaimed philosophers and the existence of hegemony in the society that explain the importance of criminal law, the reason for society’s overdependence on the same and its inability to rely on other means.
by IJLMH | Jul 3, 2020
Noise is consequence of everything that we do. It forms part of our everyday background and for the most part we just accept it or at least tolerate it. Nevertheless, noise has the capacity to cause conflict between those who are generating it and those who hear it but do not wish to. So, Noise pollutant has become a great nuisance these days. It is spreading so fast that it has started polluting the environment of the society. Due to rapid growth of urbanization, industrialization and advancement of science and technology, the problem of noise pollution has emerged as one of the serious problem and it has become a serious challenge of the quality of life of the people in most of the countries. Mankind’s capacity to create noise has increased dramatically. Noise surrounds us, the roar of vehicular traffic, the bustle of crowds, rapid industrialization, and the passage of trains and airplanes. The home can also be invaded by noise, the amplified music and dogs may also become causes for noise. This article critically analyses legal provisions regarding control of noise pollution by vehicles in India and United States of America.
Keywords: Noise Pollution, Nuisance, Environment, Urbanisation, Industrialisation
by IJLMH | Jul 3, 2020
Public Interest Litigation is a kind of litigation aimed to protect the interests of the public. As India is a home to the people of different sections of the society and among them there are some unprivileged people for whom the concept of PIL becomes a tool of social justice so that they are not deprived from their basic human rights. It also fulfills the aim of our Indian Constitution to meet the expectation of people from all the sections of our society. We have welcomed several landmark judgments as a result of PIL in varied fields of interest like environment, health, education, etc. which brought a great impact on the laws of India. There are many important steps taken by the state as a result of several PILs filed. With it, the concept of PIL has also broadened the scope of locus standi i.e. standing in the court. The concept of PIL is a new concept of litigation which has evolved from the interpretation of the judges. In past, time to time different important judgments have created a base for the introduction of this concept. Even some of our constitutional principles (like socialism, social justice, access to free legal aid and different others) can also be said as a base for the introduction of this concept.
This paper aims to give an insight into the concept of PIL. In the first part there is an analysis on how this concept took birth in the Indian Legal System. There are also some international instances discussed about the genesis of this concept. Further, there are landmark judgments discussed which came out as a result of several PILs filed. Also there is a comparative discussion on the concept of PIL and the locus standi, followed by the discussion on the process of filling a PIL in the Indian courts of law. Furthermore, there is a review of different challenges which were/are faced in enforcing the Public Interest Litigation in India and the initiatives taken by courts to deal with the same. With all these, the paper is concluded with the ideas of making best as well as positive use of this concept in order to fulfill the aim and the spirit with which this concept was introduced. Moreover, this paper takes the reference of different aspects related to Public Interest Litigation in Indian context.
by IJLMH | Jul 3, 2020
The paper is an introduction to moral and political philosophy. This paper explores the classical and contemporary theories of justice and applies these theories to contemporary legal and political controversies. The paper talks about various topics inclusive of affirmative actions, income distribution, same-sex marriage, human rights and property rights. These topics include arguments for and against equality and dilemmas of morality in public and private life. This paper includes different approaches and comparative analysis from utilitarian to libertarian. The paper covers the differentiation between two moral reasonings one being consequentialist and the other being categorical, and how does this affect an individual’s decision making during a moral dilemma. This paper discusses the tools to persuade people and also states the way to sort out our moral convictions. This paper also states about Thorndike’s analysis that whether any want or amount of satisfaction which exists; exists in some amount and therefore measurable and the author has tried to answer several questions like whether we have certain fundamental rights? What is the work of consent? Where do the rights come from if not from some idea of the more significant welfare or utility or happiness? What is the moral work of consent? This paper explores whether Thorndike study supported Bentham’s idea of utilitarianism and how justice is the most sacred and binding part of morality.
