by IJLMH | Jul 4, 2020
India started to acknowledge that migration would be the biggest trigger in the near future during independence from 1947 to 1952. The leaders of the nation decided to give citizenship rights to the population in India according to law and constitution. So when the leaders of the nation decided that giving citizenship rights to the population in India would create a lot of dilemmas that is when they determined to introduce the “ CITIZENSHIP AMENDMENT ACT 1955” in which population who migrated during the partition would be recognized as citizens or immigrants but this legislation was not fruitful so the bill was amended. The recent “CITIZENSHIP AMENDMENT ACT 2019” was the latest amendment made to the CAA 1955 bill, CAA 2019 is called to be unconstitutional as it only allows population flew from Pakistan, Bangladesh and Afghanistan to India who belong to Hindu, Sikh, Jain, Parsi, Christian, and Buddhist and who came before 31 Dec 2014, excluding Muslims. CAA 2019 is causing suggestive pressure of proof that should be prove that they are the citizens of India and also affecting India’s foreign relations across the globe. This paper also explains about how the CAA 2019 is discriminatory in nature and how the legislation is affecting the fundamental rights of a person and the national security of the country.
by IJLMH | Jul 4, 2020
The concept of mistake of fact under law is internationally accepted and is allowed as a defence to those who act on a mistaken belief in committing an offence. Through the years, there have been jurists and legal luminaries who have attempted to objectively define its standards of application, however there has been no consensus on the matter which caused the application to be varied and has increased the burden on courts to arrive at a justified interpretation. The opinions of various jurists and the ratios of landmark common law and civil law cases have been referred to in order to highlight the differences in interpretation and application of the exception. Emphasis has been laid on application in Indian Courts and the interpretation of the law concerning the defence of mistake of fact. This paper aims to identify the problems in not having certain universal standards of application with a special reference to the case in point which highlights the problems and fallacies in the Indian laws. The moot issues in relation to the application of the exception are the concepts of ‘good faith’ of the accused and the theory of justification which have been elaborated upon hereunder. In order to ensure that proper justice is served, there ought to be certain principles which have to be universally applied to every case where the defence is pleaded thus ensuring no miscarriage of justice. The paper would not deal with or question the validity of the exception in terms of fact or law but only with the standards of its application which shall also be strictly limited to mistake of fact. This paper is ultimately aimed at substantiating certain standards that can be applied universally and thus ensuring that in interpreting the defence, courts and judges alike do not allow their subjective cognition to seep into what essentially ought to be an objective standard.
Keywords: Offence, Defence, Exception, Mistake, Fact.
by IJLMH | Jul 4, 2020
‘Simultaneous Elections’ is defined as structuring the Indian election cycle in a manner such that elections to Lok Sabha and State Assemblies are synchronized together.
Indian polity is perennially in an election mode. On an average 5-7 Assembly elections happen every year. Such frequent electoral cycles end up negatively impacting administrative and developmental activities in the poll-bound states and impacts the larger governance process in general. There is a serious need to evolve a mechanism to end this frequent cycle of elections. When an Institutional has to take on the work of others, as the institutions have neglected their duties, Courts has to step in. This has yielded in several Statutory Results.
The Commission noted that simultaneous elections cannot be held within the existing framework of the Constitution. Simultaneous elections may be conducted to Lok Sabha and state Legislative Assemblies through appropriate amendments to the Constitution, the Representation of the People Act 1951, and the Rules of Procedure of Lok Sabha and state Assemblies. The Commission also suggested that at least 50% of the states should ratify the constitutional amendments.
Brief Review of Urges Are:-
The key problem is that the Parliamentary System and the Electoral System from which it springs are fragmenting the electorate.
On the other hand, the system is not yielding persons who have the competence, dedication and integrity to govern the billion people. Correspondingly, we should devise ways which improve the chances of getting a better type to man to execute.
Thereafter, we should built, the balance away from Legislatures towards the Executive. We should seek to secure accountability through Institutions other than Legislatures. In particular, we should strengthen the powers and Role of our Judiciary System.
Ultimately, our Legislatures have to be understood the Rules and Regulations have to be made powerful under the Constitution for our Judiciary System for the welfare of people who are residing in India.
Constitutional Basis of Simultaneous Elections:-
Niti Ayog defined ‘Simultaneous Elections’ as “Structuring the Indian election cycle in a manner that elections to Loksabha and State Assemblies are synchronized together.”
Simultaneous Elections were held in 1951-52, 1957, 1962 and 1967. The cycle was disrupted due to premature dissolution of assemblies, in 1970. Loksabha, too, was dissolved early. The Election Commission has suggested as early as 1983 that a system should be evolved so that elections to Loksabha and State Legislature Assemblies could be held simultaneously.
Justice B.P. Jeevan Reddy headed in Law Commission said in its 170th report in May 1999 that: “We must go back to the situation where the elections to Loksabha and all the Legislative Assemblies are held at once”
by IJLMH | Jul 4, 2020
Domestic violence is a booming issue and a genuine concern in various countries across the world. Be it strained marriages or family members, it is a fact that domestic violence does not differentiate on the basis on gender, class, caste, nationality, or creed. In the case of a battered immigrant citizen, it is a rather overwhelming process to approach authorities considering his/her conditional resident status. One of the essential objectives of the instant research paper is to analyse the unprecedented risk faced by women or men in such marriages due to lack of knowledge about the local criminal justice, police and legal system in the place they have immigrated to.
The roots of spouse-based immigration laws can be traced back to the common law doctrine of coverture which establishes the total control over a wife by a husband and chastisement allowed the punishment of a wife by a husband to force obedience to that power . It can be said that the doctrine is extremely patriarchal and archaic with respect to the rights that women have today. Hence, it can be said that this doctrine that heavily discriminates gender is the primary cause of having spouse domination, a major flaw in various immigration laws related to marriage that subsequently leads to domestic violence.
Hence, the instant research paper aims to critically analyse the roots of such heavily discriminatory spouse-based immigration laws, the issues faced by such battered immigrants and it also will explore the legal rights that such immigrant spouses have who are trapped in domestic violence.
by IJLMH | Jul 4, 2020
A country is said to be socialistic when it frames its laws based on the social values as well as the individual liberties. These laws are formed in accordance to the ideology of people and for the betterment of the society. Moral values and ethical principles vary from person to person. Way back when the Indian society was influenced by the western society and started practicing Live in relationship, a non-conclusive and enduring debate was initiated on various perspective as to the concept of Live in Relationship, its moral and ethical status and whether it should be legalised or not in India.
The paper would have a detailed analysis of the Live in Relationship and the on-going debate on its ethical and moral ground which is creating chaos and conflict in relation to the social ethics and legal lenience. The author will present a perspective on the legalization of Live in relationship in the western countries and the way in which Indian society has been influenced by such relationship. It will also throw light on the ethical or moral stand of the Indian Society in respect to the live in relationship.
The paper will further discuss whether the existence of such kind of relationship possesses serious challenges to the ethics and values of the Indian Institution of marriage. It will talk about the status and rights of the woman involved in such relation and the legal or ethical consequences of the same. The paper would thus thoroughly examine the importance and need of legalizing of the Live in relationship.
by IJLMH | Jul 4, 2020
The growth of Commercial Activities on the Internet in the present era of information and communications technology makes Domain Names valuable business assets and a Trademark in the internet world. Due to the rapid growth, domain name disputes have increased in India. There have been increasing instances of domain name abuse and misuse in the form of cyber-squatting. Indian Courts have held the domain names as online trademarks and business identifiers. However, due to the absence of a specific law, the courts have not been consistent in imposing fines and giving relief to the plaintiffs. Therefore, a comprehensive law against cyber-squatting that grants adequate protection to domain names is the need of the hour in India. This Research Paper focuses on Judicial decisions and the current legal framework relating to cyber Squatting in India. It also gives a global perspective on Cyber Squatting laws and International framework. At the same time, the research paper highlights the need for a specific Domain Name Protection Law in India. This Research Paper Aims to find what are the laws that are currently in place in India that protect Domain Names, the issues with them, understanding the International Framework and understanding the need for a specific Domain Name Protection Law in India
Key words: Domain Name, India, cyber-squatting, Trademark, Indian Laws
