by IJLMH | Jul 4, 2020
Rape has been defined under section 375 of Indian Penal Code, 1860. Its punishment is laid down in section 376 of IPC, 1860. However there has been no prescribed procedure to guide how rape a victim should be perceived by the society. Rape dumps its victim in the darkness and hopelessness which is accompanied by hostile behavior expressed by the family and the immediate surroundings.
In the light of the above statement this article seeks to analyse the role of a society and authority, which it has to play while dealing with a rape victim.
by IJLMH | Jul 4, 2020
The ongoing pandemic is hitting life across the globe – toppling structures and economies globally. This article highlights the overview of the ongoing amendments in the labour laws across the state for alluring the foreign investment because Indian economy is reeling under a demand depression, rising unemployment, and lowering of industrial output and profits. Specifically, tweaking of welfare labour laws would deliver a big blow socially, jeopardising social prospects of the working class of the country. Labour law defines the rights and obligations as workers, union members and employers in the workplace. Minimum wages laws are constitutional right bestowed upon art. 23 of the Indian constitution and any violation is a fundamental violation of the livelihood for the working class. This article states the long-term approach which should be validated rather than short-run remedies because the peoples from the unorganised sector will play a key role in national reconstruction required after the pandemic, and attending to them at this hour is the key.
Keyword: Pandemic, Labour Laws, Foreign Investment, Working Class.
by IJLMH | Jul 4, 2020
“Forensic Fingerprints” has become an increasingly important tool in the aid of legal systems around the world. It has contributed to meeting the ends of justice and making justice a little more just. This is especially true in the realm of criminal justice system. It has helped various investigative authorities and the courts alike in their endeavour to find the real culprit behind a crime scene. Forensic scientists across the world have been compelled to explore Forensic Fingerprints because, even the most astute and shrewd criminals, in many cases, leave their fingerprints, in crime scenes, which have been termed as “chance fingerprints”. In addition to this, “Forensic Fingerprints” has also gained the much deserved attention, for its accuracy and in the context of criminal justice system, for the heavy reliance placed on it by the prosecution to prove the guilt of the accused. This mandates the exploration of how such an important piece of events is perceived by the Courts. To this end this paper aims to explore this important area of Forensic Evidence, i.e., “Forensic Fingerprints” vis-a-vis how it is perceived by the Courts in India i.e. their evidentiary value in the Courts in India.
Keywords: Forensic Science, Forensic Evidence, Forensic Fingerprint, Fingerprint Expert, Expert Opinion, Evidentiary Value, Relevancy.
by IJLMH | Jul 4, 2020
Scrapping off the special status of Jammu and Kashmir was one of the major steps taken by the NDA government headed by Mr. Narendra Modi since it came to power after Lok Sabha elections of 2019. Abrogation of Article 370 was one of their political agenda since the very beginning, because of which the abrogation was expected but what was not expected was the process and the duration to remove the special status. The Modi government scrapped the special status of J&K within just 75 days of coming into power. There are hundreds of people along with the opposition who were against the decision but there was almost an equal number who supported this decision. The Supreme Court witnessed a number of petitions questioning the constitutionality of abrogation which are still pending due to the sudden outbreak of COVID-19.
In this paper an attempt has been made to explain the origin of special status given to the state of Jammu and Kashmir, connecting it with the UN intervention along with analyzing the question of constitutionality of the abrogation.
by IJLMH | Jul 4, 2020
Traditionally, conceptions of sexuality were seen as a social construct of male power: defined by men, forced on women. This was reflected in the laws that were drafted through the eyes of men, aiming to regulate sexual reproduction of women. Third-wave feminists wanted to prioritize greater autonomy in women’s reproductive rights, which included access to safe and healthy contraception methods amongst others. This paper attempts to enter a socio-legal discourse on whether right to contraception is an essential part of women’s autonomy. The international framework along with various feminist approaches to the issue are explored. The differences between the western struggle for a right to contraception versus the Indian struggle for the access to contraception is noted. The current laws governing right to reproduction in the country, (specifically contraception) is delved into. Finally, the stance of Indian Courts is analyzed in comparison with the feminist approaches. The idea that laws governing childbirth is not purely with regards to the biological function, but an extension of gender dynamics, is the inherent point at issue.
Keywords–Right to reproduction, Contraceptives, International laws, Feminism, Indian context
by IJLMH | Jul 4, 2020
Women’s health has long been a concern but today it has become an urgent priority. Since birth, she is trapped in the vicious circle of structural violence denying her the access to education, healthcare and trapping her in pervasive victimhood. This paper aims to bring into light two important health issues faced by women: Female Genital Mutilation and HIV/AIDS and the society’s response to it. The research has also been focused at the different international regimes and covenants framed for women empowerment. Suggestions as to the reforms needed for curbing the stereotypes and deconstructing gender roles have been discussed simultaneously.
Keywords: Women Health, Female Genital Mutilation, HIV/AIDS, Gender Inequality, Structural Violence.
