by IJLMH | Sep 9, 2020
The tale of Uniform Civil Code in India is as old as the British Raj, when the government made uniform criminal and contract laws but abstained from getting involved in personal laws. Time and again, call for a Uniform Civil Code was heard in the Parliament, but as a result of various propagandas and obstructions, its fate got limited to Article 44 of the Directive Principle of the State Policy.
This paper gives a brief insight into the civil codes of different countries and continents of the world, and highlights some of their discriminatory provisions. It traces the history of Uniform Civil Code in India, and explains the unfortunate circumstances which led to its not coming into effect till date.
Through this paper, I have examined the historical aspects, conflicts, political issues, and cases in which question of a common civil code was at the center. The personal laws of different religions of the country, in one way or another, permit discrimination, and violate the rights guaranteed by the Constitution. But, even after decades of trying to reform these laws, we have failed to do away with their oppressive parts, because even in a secular country like India, religion seems to have gained a higher ground than the Constitution.
India is a land of religions and diversities, but a common code which will govern all the citizens uniformly in civil matters is needed to ensure that no human rights violation takes place under the cover of Freedom of Religion, because such discriminatory practices or customs are not an integral part of any religion, and so they must be discontinued, and a common code that confirms to the Constitution irrespective of religion is the only way to protect the fundamental rights of the citizens, and keep secularism alive in India.
by IJLMH | Sep 9, 2020
Child sexual abuse is a dark reality that is high prevailing in India and with numerous harmful impacts. Child sexual abuse is a universal problem and also a human right issue. The objective of this study is to aware the people about this evil. Child sexual abuse is an extensive problem and even the lowest frequency contains a large number of victims. Child sexual abuse has been publicly acknowledged as a serious problem in India when the Government of India has brought in a special law to deal with child sexual abuse, namely, “The Protection of Children against Sexual Offences (POCSO) Act, 2012”. The act criminalizes a wide range of acts including child rape, harassment, assault, and pornography, etc. This act has been a major step forward in securing every child’s right. This study highlights the types of child abuse, child sexual abuse, types of child sexual abuse, different forms of child sexual abuse, such as child marriage, online child marriage and child trafficking, legal provisions of child sexual abuse in India, risk factors for victimization and the consequences of child sexual abuse. The study also highlights the situation of child sexual abuse in India.
by IJLMH | Sep 9, 2020
The foundation of human right is as old as the history of human being itself. Yet it became the main concern in 13th century when the first written law of Magna Carta 1215, came to existence. It has been common understanding that human right have got international consideration after the Second World War, it was this aghast which lead to the formation of United Nation with the aim to develop friendly relation among nation .The urging need of Human Right was an important realizations for the struggle for Indian Independence from Colonial rule. Free India addressed itself to the formulation of Human rights through the legal instrument of the constitution. The human rights content of the Indian Constitution is a complex Amalgam of Civil and political rights, economic and social rights etc. Since Indian Constitution Civil and political right in Part III and economic and social right in part IV therefore a comparison with the international covenant is must .For the proper implementation of the human rights in India there is a institutional follow up in the form of National Human Right Commission whose main purpose is to watch Human right protection and to defend whenever there is a violation thereon. Hence in this paper we would be dealing with the perspective of India in ratifying the international convention for the protection of human right and giving the citizen of India the sense of equal right and self-determination as well as appropriate measures to strengthen world peace.
by IJLMH | Sep 9, 2020
Arbitration dates back since 1772 in India, first time it was introduced was through Bengal Regulation Act, 1772. The research below will focus and enumerate the significance of arbitration over litigation (by explaining the pro arbitration provisions under Arbitration & Conciliation Act, 1996) and will further enhance the way arbitration has evolved itself over the years to reach to the point where it becomes the backbone of dispute resolution mechanism all over the world. The initial part of the research focuses on establishing the supremacy of arbitration over litigation and the later part of the research further throws light on the impact of COVID -19 on arbitration and how arbitration can be utilised as a tool to combat and mitigate the effect of COVID – 19, the research further goes on to highlight steps taken by International arbitral institutions (i.e. SIAC, HKIAC, LIAC, ICC) to make to process of alternate dispute resolution online hence, much more effective in terms of combating COVID – 19.
Subsequently, the research discusses the probable drawbacks associated with the process of online alternate dispute resolution and the steps taken by the concerned institutions to mitigate those effect, in the final part, the research is concluded by appreciating the merger of technology and dispute resolution and by suggesting the possible steps to be taken on order to further enhance the process of online alternate dispute resolution.
Keywords: Arbitration & Conciliation Act, 1996, SIAC COVID -19, Litigation, ICC, Online Dispute Resolution, Virtual Hearing.
by IJLMH | Sep 9, 2020
The Banking industry is dominant in the financial sector and is considered as the backbone of the economy. It engages in the business of providing loans and advances from deposits obtained from household savings. This lending entails immense risk due to the uncertainty of repayment and banks had to be cautious while granting loans. This paper assesses the failure of the banks to do proper due diligence before granting loans which leads to a significant rise in Non-performing Assets. It discusses the reasons behind the rise of non-performing assets in the Indian banking system and the major banks’ crises occurred. It finds from the analysis that the steps were taken by the regulatory body, ‘Reserve Bank of India’ to resolve it, is not enough and such governance has affected the people to a large extent and created problems for them. It recommends and concludes that the bank and regulatory body together need to have accountability and transparency in their transactions to protect the interest of the public at large.
Keywords: Banking system, Non-Performing Assets, Financial position, Banks crisis, Depositors, withdrawal limits, Co-operative Banks, Governance
by IJLMH | Sep 9, 2020
The Fundamental rights are guaranteed under Part III of the Indian Constitution. The Judiciary is the guardian of these fundamental rights and time and again, Courts in India have protected the citizens against the legislative and executive tyranny. While the Covid-19 pandemic has led the world to a crisis, both humanitarian and economic, it has been evident that India is one of the worst-hit countries with this crisis. A nationwide lockdown was imposed in India to contain the Covid-19 disease. While experts have called this lockdown necessary and a stringent one, the lockdown brought several repercussions on ordinary citizens socially and economically. In a democracy like India, several fundamental rights faced a hostile response in the light of the restrictions imposed under the lockdown. This research paper endeavours to briefly explain the fundamental rights affected on account of the said lockdown. Although the lockdown was a necessary measure, it is also viewed as an unorganised striking on citizens.
