by IJLMH | Jun 30, 2020
Since the start of the 21st century, the development in the field of communication and information technology has been on another level. Everything has been transformed in a way so that we can access almost everything from our place. In recent years since the invention of bitcoin, the most used cryptocurrency to date has changed the virtual world in a more advanced way. The usage of bitcoin is universal so it makes transactions easier for two separate individuals or companies located at a different geographical location with different fiat currencies. As the transaction is encrypted it is the safest way to transfer the payment by the means of bitcoin and the transaction is noted in order to prevent double-spending. India being a developing country with one of the most influential economies in the world using cryptocurrencies as a medium of payment for transactions will decrease the barriers to the development of the nation. This research paper predominantly focuses on the legality of bitcoin in India. The paper also analyses the growth, development of bitcoin in India and the future of bitcoin in the country.
Keywords: Bitcoin- Cryptocurrency- Fiat currency- Encrypted.
by IJLMH | Jun 30, 2020
The rise of the earliest civilisations occurred as early as in 3000 BC in Mesopotamia on the banks of river Nile, in the Indus-River valley . The very source of life on Earth is the extensive amount of water beds that surround us. The incessant ocean spreads around 140 million square miles, contributing to around 72 per cent of the total earth’s surface. Not only has the ocean played the role of always being a central source of nourishment for the life it helped generate, but from prehistoric eras itself it has served as a hub for trade, commerce and discovery. It has the capability to both, bring people together and keep them apart,
The oceans have always enjoyed the freedom of-the-seas doctrine, a principle established in the early 17th century, which limited national rights and jurisdiction over the seas of each nation to a narrow belt of sea which surrounded nation’s coastline. Whatever remained was declared to be free and open to all nations for use. This continued till the twentieth century, but then with changing times countries began demanding more and by mid-twentieth century there were intensive efforts to extend national claims over all offshore resources with the purpose for private and personal usage only. The United Nations in 1982, in a visionary move, adopted the Convention on Law of the Seas which led to the extension of international law to the worldwide community. The convention was responsible to resolve many of the prominent issues relating to the usage of the oceans and its ownership such as creation of International Seabed Authority and other conflict resolutions mechanisms like the UN Commission on the Limits of the Continental Shelf, setting up of economic zones (up to 200 miles ashore), setting rules for extending continental shelf rights (up to 350 miles offshore), setting up territorial sea boundaries (up to 12 miles offshore) and establishing freedom of navigation rights.
Keywords- ITLOS, UNLCOS, ISA. CLCS
by IJLMH | Jun 30, 2020
Child marriage is a gross violation of human rights. It destroys the development of women in society. Women are barred from their fundamental right to get an education, employment and their right to marry with full and free consent. They are always considered inferior to men and therefore, it is customarily believed that women should always obey the instructions of men. Various international treaties, conventions like the Universal Declaration of Human Rights, International Convention on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of all Forms of Discrimination against Women provide that marriage should be done with the free and full consent of both men and women. Article 253 of the Indian Constitution provides the Indian Parliament with the power to enact the international treaties into legislations to enforce them. The Indian Parliament enacted the Child Marriage Restraint Act, 1929, which restricted the marriage of children before the legal age, but it was toothless legislation. The Hindu Marriage Act, 1955,provided the legal requirement for marriage but did not strictly prohibit child marriage. Thus, the Prohibition of Child Marriage Act, 2006 was enacted to repeal the 1929 Act providing strict rules to prevent child marriage. However, the Indian Judiciary found that the 2006 Act also had various loopholes which still did not restrain child marriage.
Keywords: Child Marriage, Forced Marriage, International Treaties, Indian Legislations.
by IJLMH | Jun 29, 2020
The focus of this research paper is to throw some light on the issue of ‘Human Trafficking.’ The introductory chapter seeks to discuss the issue, the different types of human trafficking prevalent, reasons, and the impact of human trafficking on the victims. This is followed by the discussion of various legal provisions in India to combat human trafficking. A gist of multiple conventions and treaties signed at the International level, to deal with human trafficking occupies the next chapter. The Indian judiciary’s role in dealing with the issue is discussed in the chapter that trails by. The paper also discusses the Anti – Trafficking Bill, 2018 in a nutshell. Lastly, the author’s suggestions will conclude the paper.
by IJLMH | Jun 29, 2020
In 2014, the NJAC was held responsible for the appointment of judges to the higher judiciary in India whereas the collegium system which was prevalent from at least two decades was declared null and void. The whole discussion revolved around the independence of the judiciary and shifting of power from the executive to the judiciary. Although theoretically, the process of appointment seems just and fair, one can’t neglect the fact that nepotism still subsists in the process. Collegium system suffered from opaqueness and lack of transparency. Further, in 2015 the NJAC got struck down as it seemed to affect the independence of judiciary. Instead of focusing on the independence of judiciary, a judiciary must be independent of the practice of favoritism and vested interests. In the present commentary on NJAC, both the collegium system and NJAC have been critically examined. Further, the emphasis is given on appointment procedure in other jurisdictions along with relevant precedents. Indians to keep the procedure transparent can also take motivation from the processes of other countries. The authors are of the view that the formation of NJAC doesn’t cure the ailments suffered by the collegium system. Neither collegium system serves the purpose. There is a need for efficient judiciary instead of an independent judiciary. The apex court should have looked into the NJAC process thoroughly and only the unconstitutional provisions are removed by applying the doctrine of eclipse instead of reviving the whole collegium system. Also, the expression of citizens should be taken into consideration to make the procedure more transparent and to retain the people’s faith in the system.
Keywords: Collegium System, Independence of Judiciary, Nepotism, NJAC
by IJLMH | Jun 29, 2020
This paper unveils a serious social and global phenomenon which involves a spectrum of physical, sexual, psychological acts of control, threat, aggression, abuse and assault against women . Violence against women happens at home, workplace, streets and is a human rights violation of pandemic proportions that take place in public and private spaces.Female infanticide, child abuse, incest, rape, sexual harassment, intimate partner violence and neglect of older women are the forms of crime. Crimes against women dates to the history of mankind where several forms of abuse have been described since ancient times. However, in the 21st century where women had made to the space marking sky as the limit, the other side of the coin shows the increasing rate of the crime against women which off-late is highly alarming as most of the women, girls, in present society are subjugated, oppressed sexually, physically, verbally and also mentally and emotionally which are the most unnoticed face of the crimes. However, despite growing awareness in the international arena regarding the gender-based violence women continue to suffer disproportionately as the crime is frequently ignored or the abuse is justified with a reference to “culture” as the societies across the globe are patriarchal. Hence, though there are stringent laws and legislation made they don’t seem to have any effect as people are unaware of the laws of the land or scant respect for laws as most of the times the justice is being delayed which indulges the culprit to commit most heinous crimes as seen in most known case ‘NIRBHAYA.’ So, holistic approach with gender sensitization, setting up fast track courts for expeditious disposal of cases and general awareness to public towards laws would give long term solutions for these issues.
