by IJLMH | Jul 2, 2020
The researcher, in this paper, at first, examines the significant provisions laid down under the Companies Act, 2013 that try to combat the traditional underrepresentation of women in the corporate world, more so, on the Board of Directors. The researcher also conducts an in-depth analysis of the available statistical data on how women have been given representation in the corporate world in various jurisdictions across the world, including India, enforcing legislations to bring about the same. The paper also highlights how women’s presence in the top executive positions and in the boardroom affects the firm’s performance. The paper also dives into the issue of gender bias acting as an impediment for women, prohibiting them from making it successfully in the outside world. The paper appraises the concept of gender diversity and highlights how the same is quintessential in order that there is an upliftment of the society, in particular and the country, in general. The researcher has given her opinionated analysis succeeding the research presented, concluding that the aforementioned law is a sagacious parliamentary intervention to further aggrandize the contribution of women towards the growth of the country and needs to be drawn upon, not only by other developing countries but also by our country herself.
Keywords: Women Director, Women Representation, Gender Bias, Gender Diversity, Companies Act, 2013, Board of Directors, Boardroom, Corporate Governance.
by IJLMH | Jul 2, 2020
The Doctrine of Separation of Powers deals with the mutual relations among the three organs of the government, viz., legislative, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. But the rule of separation of powers was propounded for the first time by the French Jurist, Montesquieu. He formulates this theory in his famous book ‘L Esprit deploys’ (The Spirit of the Laws) published in 1748.
According to this theory, powers are of three kinds; Legislative, executive and judicial and that each of these powers should be vested in a separate and distinct organ, for if all these powers, or any two of them, are united in the same organ or individual, there can be no freedom. If for instance, legislative and executive powers unite, there is an apprehension that the organ concerned may enact tyrannical laws and execute them in tyrannical manner. Again, there can be no liberty if the judicial power be not separated from the legislative and the executive. Where it joined the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then be the legislator where it joined with the executive power, the judge might behave with violence and oppression. The Doctrine of Separation of Powers has been accepted and adopted by the constitution of the United States of America, moreover in India and England this doctrine has not been strictly applied. This paper compares the doctrine of separation of powers in the United States of America, India and England and the reiteration of this demarcation in the three nations by the judiciary.
Keywords: Separation of powers, Constitution, Democracy, Government, Legislative, Executive and Judiciary.
by IJLMH | Jul 2, 2020
The latest Anti-Counterfeiting Trade Agreement (ACTA) has been viewed as a potentially existential threat to the existing World Intellectual Property Organization ( WIPO) — as a new plurilateral institution that could replace the old multilateral organization. There are a number of predecessors to ACTA ‘s threat to WIPO. The central role of the WIPO in setting standards for international intellectual property encountered its first major challenge in 1952, when the UNESCO Convention on Universal Copyright was created. It experienced a second major challenge with the creation of the Intellectual Property Trade-Related Aspects Agreement (TRIPs Agreement). Throughout this paper the author would examine past instances in which an outside norm-setting organization has questioned WIPO and the responses to those challenges. Secondly, the author would outline the key proposals for an ACTA entity. Thirdly, drawing on past instances, would outline the various possible forms that a relationship between ACTA and WIPO could take, and different strategies that WIPO could use to maintain its role in the international system of intellectual property. Lastly, will discuss a range of public policy issues raised by the institutional ACTA proposals. It’s more than just another effort to enhance compliance and update standards — even though it’s that too. Broadly put, ACTA offers valuable lessons in the complexities of international IP law that we will all do well to learn from as researchers, activists, non-governmental organisations, governments and negotiators of treaties alike. This author is hoping different aspects of the above analysis will provide food for thought. The morsel that emerges most clearly, however, is the importance of developing alternative models that give a realistic perspective on what we can support, not just what we can oppose.
by IJLMH | Jul 2, 2020
It may not be an age-old idea to protect IPRs as it exists today, but the very idea of it is quite old. Furthermore, the definition of IP at its simplest implies that ideas and information can be divided into separable and transferable recognizable properties that have identical properties to material property. The term period for an IP right is always limited and the IPR of a particular thing or idea becomes public once the State-protected term has passed. So the benefit from an IPR flows back to the common man in this regard, and it becomes a public property. As May (2010 ) argues, one of its main distinguishing features is this transfer of intellectual property to the public domain. Apart from substrate material, which is usually owned in perpetuity (although real property may, of course, pass between individuals and generations), intellectual property only exists in a temporary sense as property. India set up a patent system which sought to balance the need for interest of the public with encouraging innovation. India’s march toward innovation super power status in the rising globalized scenario depends on technical advancements with increasing innovations and full proof defense of IP rights to make the country the world’s best destination for FDI ever.
by IJLMH | Jul 2, 2020
Psychology and crime are different branches of learning but are studied together to determine the mental state, feelings and the requisite mens rea of an individual while committing a crime. In early years of 20th century psychologists tried to determine psychological factors that influenced criminal behavior; in 1964 British psychologist Hans J. Eysenck published the first theoretical approach on criminal behavior. Human beings, often commit crime to benefit from it financially for example, a man might steal to cope up with poverty or to feed his starving family. But on the contrary several crimes such as rape, murder, abduction, etc. are often motivated by psychological factors. The objective of this paper is to establish the relation between psychology and crime and how psychological aspects are the cause of criminal behavior around the globe. It also focuses on the significance of psychology, the role played by psychologists and the use of various psychological tools in the criminal justice system. Furthermore this paper analyzes the psychological factors while illustrating the nature and gravity of the crimes committed by infamous offenders as case study.
Keywords: Criminal psychology, Psychology, Criminal Behavior, Crime, Criminal Psychologist.
by IJLMH | Jul 1, 2020
Over the world in all the democratic countries media has been recognized as the pillar of democracy. In India Media is considered as the fourth pillar of democracy. The activity or the profession writing for any newspaper or any magazine or for any broadcasting news on Televisions or radio is known as Journalism. In other words Journalism is the practise of investigating and reporting of any event, issues, and trends to maximum of the audience, broadcasting in televisions, radios, mobile media, any network, blog or social media. The things that are generated by doing all these kinds of activities are known as journalism. And the people who gather the news and information for mass audience are known as Journalists. This field includes writing, editing, design, and photography. With this idea journalists cover individuals, organizations, institutions, governments and business and cultural aspects of society. The news media are the main providers of the information and shares all the opinions about the public affairs.
In this paper I will be dealing with the Growth of media, responsibilities of media, freedom of press, principles of journalism, dark side of Indian Journalism which is also known as Yellow Journalism and at last I will recommend some of the points that government and judiciary should take, the laws relating to press under Constitution of India, Indian Penal Code, other press laws and acts and in Code of Criminal Procedure.
