by IJLMH | Sep 12, 2020
Mankind has always been fascinated with the space. Space flight began with superpower prestige and the race to put a man on the moon. U.S.S.R became the first nation to send man into space and thus provoked the concept of Space Law. Consequently, the race for space exploration kicked-off. There have been a number of advancements in space exploration since then. From multi-fold categories of satellites, to International Space Station and from establishing foot on the moon, to anticipating the approaching threats from the outer space, humans have achieved a tremendous success all the way.
With many countries proficient enough to carry out the space exploration, the need for enactment of universal Space Law was felt. In the absence of prominent case laws, the current Space Law is endorsed by various treaties and conventions only. First key treaty was Outer Space Treaty, which is the Magna Carta of Space Law came into force in 1967. As we go from bi polar world to multi polar world, many treaties came in way but the main purpose was the ‘peaceful utilization of space and space resources’ for the welfare of mankind.
This legacy of over 50 years of space flight has brought us impressive technical and scientific developments and achievements — but it has also led to the growing population of space junk. There is an internationally recognised need to deal with the issue; a need which strengthens after each incident. As Donald Kessler, retired head of NASA’s orbital debris programme, stated:
“The longer you wait to do this the more expensive it’s going to be. Given the economy, we’ll probably end up putting it off, but that’s really not very wise. This scenario of increasing space debris will play out even if we don’t put anything else in orbit.”
Even if we do not launch anything else into orbit, the ‘Kessler Effect’ remains a risk that may render space activities unfeasible for several decades.
by IJLMH | Sep 12, 2020
The journey of evidence in India through the ancient, medieval and modern period in history can be traced in different manifestations. In the ancient era, the Dharmashastras paved the way for three types of evidence namely-lekhya or documentary evidence, ,sakshi or witness and bukhthi or possession. The Mohammedan law recognises itself with documentary and oral evidence, where the latter is again divided into direct and hearsay evidence. In British India, the presidency towns were in a much better condition than the mofussil towns with regards to the definite rules of evidence. After around eleven unsuccessful enactments made during 1835-1853, a commission chaired by Sir Henry Mayne in 1868 submitted a draft which also turned out to be futile. Finally the task of codification of the rules was handed over to Sir James Fitzjames Stephen whose draft cleared the test of enactment and came into force on 1st September 1872. Section 3 of the Indian Evidence Act, 1872 states that evidence means and includes all oral evidence and documentary evidence to be produced before the Court for inspection, which will help decide the fate of a case as the meaning of evidence may vary owing to facts, circumstances and kind of case. Gradually the classification of evidence has grown considerably and so has the dynamics of best evidence rule. There are no watertight compartments for the types of evidence and with the development of a digital world the ambit of best evidence rule is walking between broader horizons and blurred lines.
Keywords- oral, documentary, hearsay, direct, in-writing, principle.
by IJLMH | Sep 12, 2020
Citizenship in a nation is as important as the nature of the state. It provides an individual with a sense of belonging. Indian citizenship has always been a matter of dispute since India’s inde-pendence. 70 years down the road, even so, the matter is cause for contention. The recent 2019 Citizenship Amendment Act stirred up debates and protests in the public sphere. This document is an attempt to understand the provisions of the Citizenship Amendment Act and the threat it poses to the nation’s core value system. This document argues that recent changes in the nature of citizenship are discriminatory based on religion and unconstitutional with respect to Article 14 of the Indian Constitution.
Keywords: CAA, Secularism, Article 14, Constitution of India, Hindutva
by IJLMH | Sep 12, 2020
Sexual violence is one of the most prominent violence against women and a form of control over women. Sexual violence or sexual overpower is way to show dominance over women and most common in male dominant societies. It not only harms women’s self esteem but also hazardous as it prevails in a society, widening the gender gap and inequality. A husband is supposed to be the protector of a woman but when he turns on her as a destructor; it leaves her hopeless and vulnerable to many such mental and physical disorders. In this article, through a doctrinal research we’ve tried to point out how big and serious the issue of marital rape is? What are the provisions in the current criminal law dealing with it? The infamous Exception 2 of Section 375 that has been the bone of contention. Further, we discussed what has been the legislature and the judiciary’s take on it with a critical analysis. Lastly, we concluded with some suggestive measures for a better tomorrow.
by IJLMH | Sep 12, 2020
Children are the future of the nation; they must be nurtured and well protected. Children must be given an environment that is conducive to healthy development, so that they become responsible citizens. State must ensure that their rights are not violated and must make every measure to protect their rights. In India, The constitution guarantees various special rights to children apart from other rights which are guaranteed to all. There are also various international conventions, Special laws ensuring the rights of children. Some of the rights are right to life, health, education, nationality, development, freedom from exploitation and abuse. All the rights are available to children of both the genders without discrimination. In spite of all the conventions and national laws there are various instances of violations of children rights.
Human rights are those basic rights, without which a person cannot live as a human being. Children are immature both physically and mentally and they need special care and protection. Tender age of children must be protected and not exploited. Physical, social, moral well being of children is very important. Children are future pillars and are real assets of the Nation. Best interest of the child is paramount. They have a right to healthy childhood; however their rights are grossly violated. Many children are subjected to sexual abuse, forced labour and rights of children born through surrogacy is also a growing concern in India. The present study has tried to analyse the rights of children born through assisted reproductive technology, surrogacy and few instances where such children rights are grossly violated.
Keywords: Human rights, Surrogacy, Nationality, Child abuse.
by IJLMH | Sep 12, 2020
India being a country with more than 35% of youth population has shown an excessive usage of internet and other social media in recent years compared to other countries. During earlier period newspapers, books and television channels were the sole source of knowledge, but now greatest amount of information is acquired from internet and other online sources. Social media is regulated under INFORMATION TECHNOLOGY ACT which is implemented in the year 2000. Though this improvement helps for productive and efficient usage of time on the other hand it has substantial effects like delivering wrong information without proper authority for sanctioning and also hides certain sensational news in the name of censorship which makes people unaware of the issue itself. Here in this article the author will be discussing whether a person’s right to speech and expression which is mentioned in Article 19 of Indian Constitution is violated with strict implementation of censorship or media laws. And also the author will be dealing with the uses of social media in this developing world and will be concentrating on censorship which is coming under IT Act including other laws relating to social media with supporting case laws and recent changes bought under Indian law relating to social media to substantiate authors view.
Keywords: Social media, Internet, Censorship, IT Act.
