by IJLMH | Sep 7, 2020
The law surrounding the definition of State as laid down by Article 12 of the Indian Constitution has been expanded by the Indian judiciary over the years due the interpretation of the term ‘other authorities’ used in the article. I disagree that the definition provided by the courts is an over-expansive one. Rather, based on the judgement passed by the apex court in Zee Telefilms which was further affirmed by the judgement passed in Cricket Association of Bihar it can be argued that the interpretation of the judiciary was not expansive enough. This paper will elucidate upon the need for an expansive definition while tracing its evolution.
The Indian judiciary has expanded the definition of State under Article 12 of the Indian Constitution over the years through the explanation of the term ‘other authority’. But a grey area in jurisprudence has emerged when it comes to the status of private bodies who arguably have some functional, financial, and administrative control exerted by the State upon them. The definition of State has not yet been expanded to accommodate such private entities within its fold. In the interest of safeguarding the Fundamental Rights of individuals these entities should also be considered State in a step towards achieving equitable and efficient delivery of public services to the masses through private service providers.
by IJLMH | Sep 7, 2020
The Basic Structure Doctrine was established by the landmark judgement delivered by the thirteen-judge bench in Kesavananda Bharati in 1973 as a check upon the seemingly unlimited power of the legislature to amend the Constitution. Now even after forty-seven years the Basic Structure Doctrine continues to evolve due to much discourse among academicians, scholars, and the legal fraternity at large. This paper will attempt to examine the scope of the doctrine with respect to whether it is limited in its applicability to only Constitutional Amendments or can ordinary laws also by reviewed under its ambit. Though the initial view of the judiciary as can be evidenced by case laws limited its application to only Constitutional Amendments, subsequent judgements delivered by the apex court have overcome this limitation by broadening its scope
by IJLMH | Sep 6, 2020
Territorial dispute over “Kashmir” had been subject of too many questions over a decade. A beautiful valley turned out to be a land for militants and terrorists. Imposition of Article 370 in the State which enriched the State with some temporary Provisions to safeguard the interest of the people turned out to be the greatest reason for misery itself. Pakistan has always shown interest in the valley, propaganda behind the notion of “free Kashmir” and misleading the youth for the same.
Revocation of Article 370 and introduction of The Jammu & Kashmir Reorganisation Bill 2019 in the state, legal effects of such bill and international stand on the Kashmir issue plays a vital role in India’s upcoming position in the world as a global leader. Effects of Article 370, acquiring permanent resident or dual citizenship while living under the Supreme Law of the Constitution which provides “equality before law” to all citizens.
Failure or ignorance of the Government, for the thirst of power could lead to situations which can divide one State form the Union of India. A provision which itself states to be “temporary” should have remained the same. Political party’s failure to take a strong stand on the subject which costs future of three generations of the state and the life of many soldiers as well.
by IJLMH | Sep 6, 2020
The world has moved from films as a sole medium of dissemination of information to television & radios and now to the internet. Over-the-top (Herein referred to as OTT) platforms have created a parallel medium to disseminate information. This has left a void in policy as India does not have any guidelines for content regulation on the harmful and illegal content released online, leaving aside the Information Technology Act 2000 that has provisions regarding the intermediaries involved. Taking advantage of the gap in policy, the creators have been releasing their content online without any pre- censorship by the State. This paper sheds a light on content regulation and how the emerging content on OTT video streaming platforms should not be brought under state censorship as such model of regulation has proved to be a hindrance to the progress and development of the society. Rather, the recent step taken by the OTT streaming platforms to self regulate themselves should be encouraged by the government. This step would in fact promote the spirit of the right to freedom of speech and expression enshrined under Article 19 in the truest form in our Indian Constitution. Furthermore, it has become necessary to deliberate upon this question especially in view of the pandemic as content is being released online instead of on traditional mediums that were under the purview of regulation.
Keywords: Content regulation, Censorship, OTT platforms, video streaming services, right to freedom of speech and expression, harmful and illegal content, public decency and morality, obscenity, Self-regulation, Code of best practices.
by IJLMH | Sep 6, 2020
In Jat community, gotra or clan is considered to be parallel to lineage forming an exogamous unit. Many incidents of couples being brutally killed by the all-powerful “Khap Panchayats” constituted by the diktats of the patriarch for entering into intra-gotra marriages came to limelight in North India. In the garb of guardians of community honour they not only forced the wedded couples to return to the community fold but also committed heinous crimes. So, it was a matter of further research as to why killing for honour had become a common and accepted phenomenon in North western villages of India and where the existing law lacked in curbing this social evil.
by IJLMH | Sep 6, 2020
Through the rapid development and introduction of robotic systems for artificial intelligence, robots are starting to replace humans on the battlefield. Some military and robotics experts have speculated that, as they may be called, ‘killer robots’ are primarily regarded as lethal autonomous weapons which are capable of picking and engaging targets with minimal or any human interference at all. Even though the rapid implementation of such automated systems seems highly necessary for research and other exponents of automated systems, their creation has given rise to substantial concern among diplomats, human right activists, scientists, arms-advocates and others who dread that deploying lethal autonomous weapons in the battlefield will significantly diminish human control over war operations, conceivably resulting in grave violations of various laws, thereby weakening the barriers that have been built to refrain moving from traditional to nuclear wars. As per certain experts, Lethal Autonomous Weapons Systems (LAWS) are capable of creating a “Third Revolution” in warfare system, following nuclear weapons. The lethal autonomous weapon system, like any weapons system, must be planned and operated in compliance with international law. The paper examines the context of lethal autonomous weapons and the global trends around the notion of lethal autonomous weaponry. It also assesses the validity under International Humanitarian Law of this kind of warfare method and evaluates the feasibility of such warfare systems while highlighting the recent developments and contemporary issues with respect to the warfare system. It is imperative to understand these issues as warfare systems like killer robots, if implemented, pose a grave threat to humanity and the foundation of laws protecting human dignity and life.
Keywords: Lethal autonomous weapons, civilians, war, violations, artificial intelligence.
