by IJLMH | Sep 30, 2020
In this paper, we will be dealing with the marriages and marriages under different law. Marriage is considered as the most important institution of human society. In this we will discuss about the eligibility of marriage under different law i.e Hindu marriage and Muslim marriage. How many marriages will be allowed in different marriage act? We will see the basic features of marriage and the functions of marriage. We will discuss some points on Christian Marriage, Sikh Marriage, Parsi Marriage, Buddhist Marriage, Jain Marriage, Court Marriage and Mixed Marriage but in detail we will discuss about Hindu and Muslim marriages. We will be dealing with the sources of marriages and types of sources in Hindu and Muslim law i.e Ancient and Modern source & Primary and Secondary source. Types of schools under Hindu law are Mitakshara School and Dayabhaga School. Further Mitakshara School is divided under 5 category i.e Banaras Hindu Law School, Mithila Law School, Maharashtra Law School, Punjab Law School, Madras Law schools and under Muslim law Schools are Shia School and Sunni School. Both schools are further divided into 7 categories i.e Marriage, Dower, Divorce, Maternity, Guardianship, Maintenance and Waqf. Difference between schools, conditions of a valid marriage and when the marriage will be considered as void and voidable will be discussed in this paper. We will also dealing with the types of marriages under Muslim law and difference between void and voidable marriage. Restitution of conjugal rights under section 9: when either of the spouse i.e. husband or wife without any appropriate cause is withdrawn from the society of the aggrieved map apply by petition to the District Court for restitution or conjugal rights and the court on been satisfied with the truth of the statements made in such petition without any legal ground and while the applications shouldn’t be granted, may decree restitution of conjugal rights.
Keywords: Hindu Law, Muslim Law, Void, Voidable, Marriage, Conjugal Rights.
by IJLMH | Sep 30, 2020
The Competition regime is still in its nascent stage when it comes to India, with the Competition Act coming into force in 2002. However, the competition regulation in the European Union (EU) region dates back to the late 18th and early 19th centuries. Competition in India is regulated by the Competition Commission of India (CCI), whereas the European Commission (EC) overlooks the same in the European Union region.
This research study aims to study and analyse in detail the differences and similarities between the two competition policy regimes. One of the major aims of this study would be to point out the procedural aspects of abuse of dominance and how do the courts and authorities go about dealing with a problem on this issue.
The reason to choose this area of antitrust law as the topic for the purpose of this study is to point out and establish the relation of the Indian Antitrust policy to either the EU Antitrust policy or the US Competition Policy. These two jurisdictions were chosen in particular as these are the ones where the competition policy is the strongest as well as the oldest in the world. Therefore, it is very much possible that the Indian policy might be bent more towards one side as compared to the other.
by IJLMH | Sep 30, 2020
Cyber space meaning the world connected through internet networks. Cybercrimes against women are on lifted women had been drastically victimization in the cyber space. Some executioner tries to slander women by using chat rooms, websites e.tc. developing pornographic videos where women are described in negotiating position mostly constructed without their consent, spoofing e-mails, morphing of images for pornographic content etc. The gender sinner looks for their prey on social network websites, & also on job or marriage websites where people stud their personal information for better odds. The admission of personal information has made women more disaster of cybercrime. The realization of the individuals in regard to the law & policy in this concern is the prime objective & which will mull over the status of India. All confining the regulatory field is colossal body of academic crematory chew over privacy issues in cyberspace from a variety of relative importance. India is among very few countries to enact Information Technology Act, 2000 to rim cybercrimes. The world of internet looks after every user all the mandatory information hasty communication and splitting tool making it most plum sources of information. With the rife’ elevation of internet, the crime proving internet poses a great peril to individuals. Cybercrime is a global & women are the soft use of this new form of security onus against women. A conceptual model of cyber victimization of Indian women is put forward as a proposal. Cybercrime is turning up as call for national & economic preservation.
Keywords: Cybercrime, Information Technology Act 2000, Women, Victimization
by IJLMH | Sep 30, 2020
The year 2020 has been extremely important in terms of medical and healthcare facilities. It has brought to light many faults in the healthcare systems of even the most developed countries, thus the author felt the need of working on this topic. The author has attempted to draw a comparative analysis between the healthcare systems of two of the most established and fast developing countries of Asia. Healthcare being the talk of the hour, due to the pandemic needs urgent attention and this paper aims to establish the gaps and a comparison between two of the worst hit countries by the Covid-19 pandemic.
by IJLMH | Sep 30, 2020
All educational institutions are closed for the time being. The focal point of this Article is to throw some light on human rights perspective of particular group of young generations relating to their deprivation of getting education during and in the aftermath of this pandemic. Secondarily, an attempt is made through this paper to point out some Indian legislative frameworks that can be termed as inefficient to cope up such unprecedented situation in a poor country like India. In nutshell, this Article provides an overview of human rights concerns of students who have been depriving from certain benefits regarding their right to education specifically their poor or non-access of ICTs (Information and Communication technologies) since the outbreak of this pandemic and the author has done an analysis of the importance of right to education in the perspective of the Constitution of India.
Keywords: Constitution of India, Human Rights, Information and Communication technology (ICT), Legislative framework, Right to Education.
by IJLMH | Sep 24, 2020
Education is the determining factor for decision making, influencing the standard of human living and enables to act morally in all areas of life including technology. The relationship of education, technology and ethics is a complex one, demanding significant level of rationality, awareness and regulatory mechanisms. E-Learning is described as online delivery of information, communication, education, and training. Pedagogical theories and the applications of information technology demands attention for ethical issues, as Privacy, Intellectual Property and Copyrights, Network Security, Monitoring, Netiquettes, jeopardize the delivery authenticity of the E-learning systems. Besides, learner’s ethical use is conditioned by self discipline, independence, self-motivation, breaches of computer ethics, and misrepresentation of learning material. Moreover divergences of legal and cultural perspectives across the globe add complexity to learning contents. Although E-Learning has provided the learner with all the freedom to access and manage information, it has also created new issues around ethical learning practices, personal integrity and accountability. This paper will discuss these issues in an E-Learning environment highlighting the scope of E-learning across the globe.
Keywords: LMS, RSS, Podcast, Network Security, Netiquettes, Learner’s Ethics, Learning Material
