by IJLMH | Sep 16, 2020
In the recent past the failure of SAARC to foster cooperation in South Asia has opened up the horizon for search for some other alternative. Perhaps, BIMSTEC comes to the rescue for the regional players as most of the member states popularly favour BIMSTEC as a viable option. BIMSTEC is in the spotlight in the wake of being disregarded for 10 years, BIMSTEC is currently expected to perform at the level of an Association of Southeast Asian Nations or the European Union when it has a small amount of the assets of SAARC. BIMSTEC is ordered to extend local participation through nothing under 14 working gatherings, covering everything under the Bay of Bengal sun, including an organized commerce understanding, destitution easing, tourism, vitality and environmental change, and even counterterrorism and calamity administration. Whether BIMSTEC can fill the space created by SAARC and whether BIMSTEC can carry the burden of being a natural platform for South-Asia regionalism.
by IJLMH | Sep 15, 2020
“I felt violated and scared. Even though I said I was going to report this, I felt I could not because I thought I could easily lose my job if I told”
The research article discusses about sexual harassment of women at workplace in India with related laws passed by the Indian government most importantly Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 . The article further deals with breakdown of various Indian laws supporting the act and their analysis. Sexual harassment in the workplace may be on the decline, but it is still an ongoing risk to the safety of the employees as well as the mindset of the employer. Such activities not only give women mental and physical trauma but also socio-psychological agony for the rest of their lives. There exist multiple theories behind the attitude of a man towards women at workplace backed up by the country’s customs, traditions and societal pressure which a woman has to face throughout her life.
The article’s objective is to discuss about sexual harassment of a woman at workplace specifically highlighting the socio-psychological trauma suffered as well as the reasons behind such harassment taking place in the work environment. The research will be further backed by ancient theories, case laws and arguments. The methodology used in the article will be doctrinal research methodology with the help of secondary sources as well, i.e., essential data analysis. The secondary sources are collected from the internet, articles, journals, books and case laws in light of the subject.
Keywords: sexual harassment, women, workplace, ancient theories, socio-psychological trauma
by IJLMH | Sep 15, 2020
The paper analyses legal framework and innovative approaches to environmental degradation and better health. The issue of Environmental Damage came to the fore on the international agenda for the first time with the Stockholm Conference in 1972. The conference was attended by the then Prime Minister Mrs. Indira Gandhi. After the Conference significant changes were made in the Constitution of India to accommodate provisions regarding the deteriorating Environment in the Directive Principles of State Policy and Fundamental Duties. Various legislations like The Air (Prevention and Control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution) Act, 1974, the Environment Protection Act, 1986 were also enacted. Several principles like the Polluter Pays Principle, Precautionary Principle were also incorporated as provisions.
In this new age of technology, nanotechnology and other innovative techniques are increasingly being used to combat rampant environmental degradation and resultant deteriorating health. Also as the recently held COP24 at Poland reiterated global environmental issues that the world is facing, the delegates at the conference discussed at length about the existential crisis due to man-made disasters at global scale. The paper focuses on various innovations made in recent times to combat environmental degradation and promote better health in the Indian as well as Global scenario.
Keywords: Stockholm Conference, Polluter Pays Principle, Precautionary Principle, Nanotechnology, COP24
by IJLMH | Sep 15, 2020
The COVID-19 Pandemic has wreaked incredible loss across the world; be it financial, social or human loss, causing humanitarian crises of unprecedented natures in all countries. With the curve refusing to flatten, the Governments across the world find their capacity to respond being exceeded by the raging pandemic. With a growing frustration worsened by the stress on revenue there’s been an accompanying sense of resentment towards China. An unclear picture of the timeline leading up to the detection of patient zero has led many to allude that the reporting of the virus was deliberately suppressed by the Chinese Government. Many governments have even threatened litigation against China at the International Court of Justice. However, the normative nature of the International Law is heavily influenced, or rather weakened by the political authority and economic clout of a State like the People’s Republic of China. Therefore, establishment of a dispute and on its basis therein, taking China to the Court will be two key, as well as, incredibly challenging tasks. This article offers an overview on the scope of litigation against China at the ICJ, as well as an evaluation of the feasibility of the same.
by IJLMH | Sep 15, 2020
In the 4 years of the enactment of the Insolvency and Bankruptcy Code 2016, the government has not only chosen to notify legislation relating to corporate insolvency but sure has come a long way in putting forward laws relating to individual insolvency and it is expected that more parts of personal insolvency will be notified in the near future making it the next big thing and drawing the focus away from corporate insolvency.
In this context the paper describes the Indian credit market and presents an argument for the need of personal insolvency law being more clear and transparent in nature. It also lays down the laws and legislation relating to personal insolvency and an overview of the process of insolvency and bankruptcy code involving fresh start process and the insolvency resolution process. The paper also draws back a line to the history and the evolution of insolvency infrastructure in India and the problems and the criticism faced in coming forward with a codified set of laws.
by IJLMH | Sep 15, 2020
This research papers primarily deals with the concept of online dispute resolution as the emerging method of justice delivery system in India, with special emphasizes on post Covid world. The global pandemic has forced the whole nation to shift from offline work mode to online or work from home method. Apart from this, it has created an unprecedented impact on Indian Judiciary along with forthcoming corporate disputes and other implications. ODR has emerged a recent method over ADR which is favored by the technological nuances like virtual conferences and online negotiations. This also deals with ODR or Online Dispute Resolution as the new emerging method of dispute resolution in India through the help of technology with major aim at lowering down the load on Indian Courts and promoting more of out-of-court settlement.
This shift over the functioning of subordinate courts, which play a major role in the dispute resolution process, is the cause of significant concern as the majority of such courts are not even equipped to convene any sort of virtual proceedings. In this context, the paper attempts to discuss the obligation of the judiciary to play the role of the parens patriae to country’s citizens and develop a substantive policy framework to adopt Online Dispute Resolution (ODR) mechanisms and modern technology solutions, like Artificial Intelligence (AI), to increase the access to justice, and more importantly, prevent the system from succumbing to any such crisis like COVID-19 in future.
Keywords: ODR, Internet Century, ADR, Artificial Technology, Justice Delivery System, Dispute Resolution.
