by IJLMH | Jul 5, 2020
In 2019, nearly 30 state legislatures of the United States of America passed anti-abortion bills which seek to either ban abortion outrightly like in Alabama or allow abortion only up till 6 weeks into the pregnancy- like in Louisiana- which is too soon as many women even don’t even know that they are pregnant within 6 weeks’ time. This has given considerable momentum to the century old debate of pro-life v. pro-choice, not just in America, but worldwide. In light of the above scenario, this paper aims to critically analyse the Anti- Abortion Regime in the USA, the chain of events that has led to this rather controversial state of affairs, and draw comparisons with international jurisdictions of India and Uruguay.
by IJLMH | Jul 5, 2020
The COVID-19 outbreak has been an all-pervasive global effect on all the spheres of life, from socio-cultural to economic and political aspects. At a time where all countries are looking for solidarity, China has been in the spotlight for the probable origin of the spread of the virus as well as a spree of strategic financial takeovers, mostly with aspirations of emerging as an influential post-covid power. The Chinese authorities have been on the advent to make calculated acquisitions across various countries, these steps may be considered to be a part of a larger stratagem.
With the negative consequences on the economic structure, many corporate entities have faced severe disruptions which would make recovery a strenuous task. This has given China the probable opportunities to invest in many entities for the purpose of acquiring a stake in these different corporate entities. From observing the course of action of China, this has been interpreted by the other countries as a concern which may grow to be a possible threat especially alarming the Western countries.
With this article, the authors aim to analyse the probable consequences and the course of the action taken by the country of China, postulating there exists a favourable chance of the nation’s success. This article would give a succinct exposition of the future of globalization, foreign relations with an emphasis on the role of China with respect to the same.
Keywords: china, hostile takeovers, COVID-19, FDI.
by IJLMH | Jul 5, 2020
Mob lynching is such a horrible act that cannot be justified by either means. A country which has an efficient and effective legal system, why people take law and order in their hand is a question which needs to be answered. Recent times in India, there have been incidents of mob lynching. And it has been seen that in the cases of Mob lynching, people consider themselves Judges, Jury and executive, and punish accused on the basis of suspicion. Authors start this paper by defining Mob lynching And by what existing laws in India, accused of Mob Lynching is punished. Later in the paper, the authors present what the Supreme Court has said about offence of mob lynching and guidelines given by it. And how other counties have special legislation for preventing and combating mob lynching. And later, authors try to answer why India need special Legislation to prevent and combating mob lynching.
Keywords: Mob Lynching, rule of law, Supreme Court’s guidelines.
by IJLMH | Jul 5, 2020
Article 21 of the Indian Constitution guarantees to all individuals right to life and liberty. Adopted from the concept of due process of law as mentioned under the American Constitution, it is considered as the heart of the Indian Constitution. This article which had started with the meaning of mere freedom of human body in 1950 has evolved over the years to become a set of rights within itself to protect human life and liberty. But the judges of the Supreme Court as recently as in 2019, have commented about the need to expand the scope of article 21 . This is because with changing times the human needs and priorities keep changing and the judiciary and lawmakers have to keep this in mind, in order to make sure that the laws are equipped to serve the basic needs of the changing times. Some of the rights which have evolved over the past 70 years are (i.) Right to live with human dignity (ii). Right against sexual harassment at work place (iii) Right to clean environment (iv.) Right against illegal detention (v.) Right to legal aid (vi.) Right to Speedy trial (vii.) Right to livelihood (viii.) Right to education and (ix.) Right to privacy .
by IJLMH | Jul 5, 2020
With a boom in science and technology, the world is evolving but at the same time, the rate at which crimes are taking place every day is also increasing at a fast pace. Moreover, the mechanism to put a check on it doesn’t match up to its expectations thereby, endangering the dispensing of proper and speedy justice. One reason for such dilution in justice is due to deeply rooted divide between science and policing. The organisational arrangements that connect forensic science and police organisations vary. At an institutional and governance level, the moot question has been, the extent to which forensic services should, or should not, be located within police departments.
In this respect, the basic theme of this research paper will revolve around the independence of forensic science laboratory from law enforcement agencies. The paper will highlight the need for such a cause, by duly stressing upon concerns such as bias and illustrations supporting the same. It will also present counter arguments to give a broader perspective regarding the subject matter at hand. The paper also gives out a few recommendations and suggestions for bringing about enhanced justice by minimising the bias in the prevailing circumstances. The paper ends via a conclusion, a review per se.
Key Words: Independent forensic laboratories, police, law enforcement agencies, bias, justice
by IJLMH | Jul 5, 2020
This Article scrutinizes the transformation of the legal profession from lawyers as public citizens to lawyers who serve mostly private interests over the defunct decade that they have to come to operate reluctant to the increasing need of pro bono work and even if the firms entertained such cases, they were frequently handled on ad hoc basis putting burden on the individual involved in the case. Immediate and increasing demand of pro bono in India has not been supplied by its supply, and a coordinated, sorted out exertion by the lawful calling would go far towards guaranteeing the arrangement of value star bono legal services to the poor as enshrined in the Constitution and conclude that pro bono being a need of the hour as the concept of access to justice has merely become a notion rather than the reality for those in need and has remained an allegory for them.
