by IJLMH | Sep 6, 2020
Members of Parliament Local Area Development – MPLAD – Scheme was introduced in India in 1993 to empower Members of Parliament of the Lok Sabha to initiate and introduce developmental measures in their constituencies with prioritizing the creation of long-lasting communal assets that were needed for the local population. Every Member of Parliament is eligible to get Rs. 5 crores annually. These funds, which are under the discretion of an MP, are to be used for fulfilling the development or basic needs of the people in his/her constituency. Although the constitutional validity of the MPLAD scheme had come into judicial scrutiny several times in the past, on several grounds, the Supreme Court of India upheld its constitutionality, by relying heavily on various case precedents, holding that the separation of powers was not strictly recognized in the Indian Constitution. The COVID-19 pandemic forced the Government of India to suspend the MPLAD scheme for the next two years, on the ground that it is focusing more upon whole needs, requirements, planning, and execution on a national level rather than filling upon root requirements of remote areas. The Government’s decision to suspend the scheme, despite the political backlash, notwithstanding, the SC’s judgement, prompts the need to analyse, in-depth, the scheme, its implementation, and the legal questions surrounding it. The paper aims to discuss the aforementioned questions comprehensively.
by IJLMH | Sep 6, 2020
In the modern society, the situation that we witness today was once full of rituals tradition and practices, though not all of them seem feasible to establish their existence in the 21st century. Countless tradition custom and practices seem to have lost on the way as they were unable to and get adapted with changing diasporas. One of them is the concept of ‘DOWRY’, yet it has firm existence in the society these days. It is a well acknowledged fact that when any ritual, practice or tradition gets deep rooted in the society then subsequently it provides a room for dissent. There have been many active measures taken by the government of India to curb this social evil. Several laws, acts, enactments have been introduced but all this has ended up of being of no use. This paper aims to analyse to ‘concept of dowry and all the important statutes and provisions relate to it’. A holistic approach is adopted while working on this paper and best efforts are put in to explain the concept in the light of judicial pronouncements and analogical deductions. Also some major statistics are included within this paper to make the readers aware about the actual numbers regarding the victims of various crimes in connection with the demand of dowry. This paper also contains various suggestive and reformatory measures which can leave a positive impact in strengthening the anti-dowry laws in India. The paper has within itself best level of clarity and is written using the ‘qualitative method of research’ which was best suited to bring out the complete picture out of the entire research paper, Hope that this piece of work turns out to be fruitful to many intellectual minds.
Keywords: Dowry, Culture and tradition, Women, Violence, Social evil.
by IJLMH | Sep 6, 2020
The paper extensively elucidates the working of Indian Courts in money laundering cases. A special statute for combating the menace had been enacted by the Indian Legislature in 2002 but same had a number of loopholes in its application. After which, seeing the desperate need, an amendment has been brought into operation. The following paper clearly enunciates the procedure given in PML Act and presents the working of the Courts while trying the offences and during the grant or rejection of bail. The author tries to bring in knowledge that whether the brought amendment is sufficient in self and how much are the Judges/Presiding Officers of Courts are reluctant towards granting bail to the offenders under such deterrent special statute.
by IJLMH | Sep 4, 2020
The natural rights theory depends on the assumption that there are certain basic rights that are provided to a human being by nature. Various philosophers have justified slavery by considering it as a condition given by the nature or provided by the divine law. It was believed by the philosophers that it is provided by nature that some people are slaves. Slaves derive their rights from the nature and were born as slaves under certain circumstance whereas non-slaves also derive their rights from nature and were therefore born to rule, they have the right to make use of slaves, control and own them accordingly. The critiques of natural rights theory are of the view that slavery cannot be justified by natural law or natural rights. As slavery is the act which is unethical and morally incorrect. This research paper is based on the doctrinal and qualitative research methodology. The sources of data collected for this particular research on natural rights theory has been done by secondary sources. For this particular research the researcher depends on the secondary data from various sources such as articles, books related to philosophy, bibliographic reviews, philosophical and ethical journals, online research and various other secondary documents are used for a theoretical subject matter. This research work will help the readers to look into both positive and negative sides of the natural rights theory. The readers can trace back to the origin of the natural rights and its development. The views and thoughts of various scholars related to natural rights theory has been given in this paper. The deep analysis of the doctrine of natural rights theory has been done in this project.
by IJLMH | Sep 4, 2020
International Humanitarian Law (IHL) and the Law of Wars are used synonymously. IHL comes to play during the war and armed conflicts where human rights are violated ruthlessly. The parties involved in the dispute are likely to endanger the peace and security of the region and the dispute needs to be resolved to secure peace and security. UN act as an intermediary between the parties engaged in war and reinforces peace and security through its agencies and with the help of other signatories of the UN Security Council. The need for the peacekeeping forces comes into the picture at the time of resolution of the dispute in a specific region through peaceful means, the Security Council may call upon the state parties in this regard. The UN does not have its military force but takes assistance from state-parties. 120 countries have contributed to more than 70 peacekeeping operations through their military forces up till now.
Keywords: IHL, the Law of Wars, peace and security, peacekeeping forces, the Security Council.
by IJLMH | Sep 4, 2020
This paper shall deal with an aspect which has infiltrated the society at its very core. Sexual harassment is faced in every nook and corner. A woman has always been subject to such atrocity even though they have been idolized and worshipped in India. Cases of rape, molestation, sexual harassment is all on the rise. This paper shall solely focus on Sexual Harassment faced by women at Work Place. This paper deals with how sexual harassment is a human rights violation. Equal rights and dignity is to be given to every human being and sexual harassment is a deprivation and violation of this very human right. This paper shall also delve deep into this aspect and connect the UN Charters with case laws which clearly stated that Sexual harassment is violative of women’s right to equality, with reference to the landmark case law Vishaka v State of Rajasthan and AEPC v A.K. Chopra. This paper shall also go on to deal with the impact that sexual harassment has on the life of a woman. It leads to depression, anxiety, women even blame themselves and even suicide. This paper deals with all such impacts at length. It finally concludes with measures that can aid to curb such sexual harassment and hopefully even put an end to it.
Keywords: Sexual harassment, UN Charter, equality, human rights, mental illness
