by IJLMH | Jul 3, 2020
The legal framework of many countries of the world contains a composed constitution which ensures key rights against the abundances and the detachment of the lawmaking body and the official. Such constitution after perceive the ‘demonstration to life’, equivalent security of law and ‘fair treatment of law’. They preclude ‘remorseless and unordinary discipline and debasing treatment or discipline’. The sacred legitimacy of the death penalty is an issue which has pained the sacred courts of the world. It is an inquiry the response to which gives a litmus test of the soul in which a preeminent court plays out its obligations. The cases where the lawfulness of the passing punishment has been condemned raise for judicial survey a state practice of questionable good appropriateness one impinging on the basic right to life of the most vulnerable individuals from society an issue wherein the guidelines of liberals are in struggle with the gauges of preservationists and regularly with those of the man in the road.
Historically, India has never seen any development for the abrogation of capital punishment. In any case, it doesn’t imply that no endeavor has been made for its annulment. The protected legitimacy of capital punishment has been tested in a number of cases and this has been done on various grounds. The discussion of death sentence accepted new criticalness presented by the Indian Supreme Court in the translation of Article 21 read with Article 14 and 19 . The age making and point of reference breaking choice of Maneka Gandhi vs. Union of India set out the tenet of sensible technique for the hardship, of life and individual freedom. The Supreme Court held that the technique for the determination of life and individual freedom must be reasonable, just and sensible and not whimsical, harsh or self-assertive.
by IJLMH | Jul 2, 2020
Cryptocurrencies and blockchain technology underpin a rapidly expanding industry and smart contracts are a key area of this blockchain innovation. A smart contract is an agreement in digital form that is self executing and thus. whereas smart contract automatically enforce obligations. Compare signing a contract to purchase an item versus purchasing an item from a vending machine. Like the smart contract, the vending machine will automatically complete the transaction by dispensing the item, whereas a paper contract for the sale of an item does not actually force the sale, and thus can be reneged by breaching the contract.
Smart contracts have the potential to transform supply chain management, contracting, payment and banking services, and perform real estate transactions. It is noted that smart contract technology is still in its nascent stage and that there are few examples of practicable use cases.
by IJLMH | Jul 2, 2020
A living being’s basic requirement for a humane life is ascertainment of human rights providing safety and a dignified life. In the absence of any of these elemental components, the living life becomes a bane. Throughout the history, the refugee crisis has been an ever-present critical point of humanitarian welfare. With the ravages of time, the problem of humanitarian aid has come under visible crisis. With the distinguishable change in needs of the time, variable challenges have arrived owing to the changes in the factors causing it in the first place. Protracted wars, conflicts have been of the primeval causes of it, but the change in climate and environment have been the triggering factors in recent times to have caused great exodus. Focusing on the root causes of the refugee crisis, the underlying effects and offsetting the triggers in the places of origin can be ways of diminishing it. Creating peace building strategies amongst the countries and conflicting communities to mitigate uneventful mishaps from initiating and creating contingency plans in sensitive situations and areas. Creating a strong communal bond amongst the host community and refugees to help them blend in and bring in a feeling of belongingness. Taking responsibility and burden sharing by the developed countries is the way out in neutralizing the overexploited resources of the developing countries. It is the sensitization on a humane level that needs to be done to regulate and promote increased solidarity and a sustainable approach towards this international crisis.
by IJLMH | Jul 2, 2020
The research paper basically highlights the role of adjudicating authorities in Approving/rejecting the insolvency resolution plans while balancing the interest of stakeholders and this has been discussed in length through a series of landmark cases of India and abroad respectively. The paper explains about the role of Indian adjudicating authorities in balancing the interest of stakeholders and what can be adopted from the practices of adjudicating authorities in the US, U.K and Singapore respectively. Apart from this the primary focal point of the paper is to emphasize the role that Adjudicating Authority play before approving the resolution plan and that it must take into consideration the principles of fair and equitable interest and that there should be no unfair discrimination against a particular class of creditors and the objecting creditor must be given a chance to be heard by the Adjudicating Authority.
by IJLMH | Jul 2, 2020
While the concept of rape has been expanded to include non-penile-vaginal penetration activities under the Indian Penal Code, it is also gendered based on a fixed characterisation of the victim-perpetrator system on the grounds of the sex. Having emphasized that it promotes a simplistic notion of gender, and results in a gross under inclusion, I shall here condemn this gender-specific notion in Indian rape law Rather, a civil rights-based approach to understanding sex violence should be followed and the role of ethnicity in determining victims and offenders of an act of abuse should be negated. The case is focused on the responsibility of a State not to prejudice on the concept of sex, the tolerance of transgender rights and an evaluation of the traditional grounds of Indian infringement legislation to reject gender neutrality.
by IJLMH | Jul 2, 2020
We live in an enigma where global challenges are forthcoming now and then, but the response of the world remains splintered. One such global challenge is the COVID-19 pandemic. Since World War II, the foundations of multilateral institutions had begun. With time, these institutions, with the help of collective multilateral approach, defeated social, economic and health challenges. However, this pandemic gave us a clear picture of why we need a more coordinated approach to fight this novel coronavirus. The egalitarian and bilateral approach towards a global issue may not deem fit to be an adequate response. Ultimately multilateralism is the only panacea for COVID-19.
This paper will enlighten the issues with the ongoing multilateral approach and will also focus on the challenges faced by the states in this pandemic. This paper will also throw light on the flaring tensions in this phase of the global health crisis. It will also address how multilateral institutions are collectively working for the people and will also provide a solution for more inclusive multilateralism.
