by IJLMH | Sep 12, 2020
As far as innovative technology promotes our brilliance and provides social connectivity, it also affects our uprightness and confidential life. Cybercrime leads to downtrodden which may cause social assault all over the world. The intimate existence of men and women are affected by these cyber criminals. ”are the women in 21st century safe?” NO, on a daily basis women’s are abused in front of the community due to cybercrime women’s are forced to become the victim of social assault like rape, molesting, harassment, etc. which causes mental disorder which also leads to affliction of physical health care. In order to provide protection against cybercrimes government has introduced Indian IT act, 2000. It is the primary Indian law which deals with CYBER
CRIME and E- COMMERCE. This act covers whole of India and recognizes electronic records and digital signatures. In order to empower society in cyber security the young generation has to be encouraged.
The present paper seeks to clarify how the cybercrime is demolishing our young innovative generation and exploiting women esteem by menacing, this paper also elaborates the various measures which have been taken by Indian government to curb exploitation of women through electronic mediums like cyber cell, police helpline, cops, etc.
Keywords- cybercrime , rights of women, , forced , crime , helpline , harassed , penalties, punishments , fundamentanl rights
by IJLMH | Sep 12, 2020
The contribution of intellectual property to the economic and cultural development of a country is substantial. The granting of patent monopoly in consideration of the disclosure of invention enables competitors in the field to manufacture new products or improved products or effect improvements in the process of manufacture. This paper deals with the issues and facts of the traditional knowledge also the contribution of Intellectual Property Rights in economic growth. Most of the studies in the literature show that, in closed economies, enhancing the protection of IPR increases the expected duration of monopoly and the associated incentive to innovate. A large incentive to innovate enhances the growth rate. This paper also emphasizes the impact on intellectual property which is becoming a international in character. The enormous technological development of transport and communications has resulted in the globalization of trade and commerce. Intellectual Property can travel effortlessly from one country to another. The paper talks about ‘Piracy’ of intellectual property that has become international in character. The scope of intellectual property is expanding very fast and attempts are being made by persons who create ideas to seek protection under the umbrella of intellectual property rights. There are many similarities in the law relating to the different species of intellectual property in regard to the nature of the property, the mode of its acquisition, the nature of rights conferred, the commercial exploitation of those rights, the enforcement of those rights and the remedies available against infringement of those rights.
Keyword: Intellectual Property, Patent, Final Sector, International System, Piracy, Developing Countries.
by IJLMH | Sep 12, 2020
In the recent acquisition matters relating to cyberlaw has gained a wider approach. It is an important upcoming sensitive topic in the world that is to be dealt with. The advancement of scientific technology has paved the way for international law relating to data protection. The authors of the article have portrayed a comparative analysis of various countries in the context of The Personal Data Protection Bill, 2019. Main issues arising out of it has been discussed vividly. Critical analysis of cases in such light has been traced. The paper also focuses on data protection laws that are followed by United States of America putting forward its pros and cons.
The lacuna of the above-mentioned Bill that are prevalent in India has been mentioned in the paper. Suggestions and measures have also been observed in order to overcome such loopholes. Thereby a beneficial law relating to data protection at national level should grow which in turn will enhance the development of the country. The authors bring in forth the comparative analysis of different nations along with suggestions that are needed to be implemented in India on the ground of data protection so as to intensify the backdrop.
The methodology of our research is Doctrinal one.
Keywords: Comparative analysis, loopholes, implementation, cyber laws, data protection laws.
by IJLMH | Sep 12, 2020
India, being a diverse nation, has different religions governed by different personal laws which most of the times leads to injustice to people of different religion. For this reason the implementation of a Uniform Civil Code (UCC) becomes a necessity that could bring about empowerment of women and uplift their status in the society. This paper is directed to examine the basic essence of the UCC keeping in view of its legal perspective and theories. The paper resolves around the issue of UCC, evaluating its relationship with that of Secularism, analyzing and scrutinizing its necessity and talking about its implementation through a series of suggestions and recommendation. The paper also examines how the judiciary over the years, has dealt with the issue of gender parity in the context of UCC. The researchers utilize writings of various jurists, books, articles, notes, commentaries and other writings to provide better understanding of the said topic. The study relies upon gradual evolution of law (relating to UCC) through series of judicial pronouncements and looks forward to validate the submissions made in the course of research through practical illustrations and multiple case laws.
Keywords: Uniform Civil Code, Personal Laws, Secularism, Judicial Pronouncements, Judiciary.
by IJLMH | Sep 12, 2020
Wars have never been good, whether they are against the humanity or for it. The entire world is at a stage where the need of universal peace is of utmost significance. Harmonizing the status quo becomes essential for safeguarding people’s basic human rights at large. The terms ‘Human Rights’ and ‘Terrorism’ cannot coexist. The encounter between people’s human rights and terrorism is a widespread concern across the globe. The most vulnerable are the once who are unaware about the fact that they are on the stake of losing their lives for whims and wishes of several individuals groups, whether it be sovereign governments in the name of war on terror or the terrorist organizations. Whenever there is an act of terrorism or counter-terrorism activity to eradicate terrorism, the human rights of the people are being violated. The war on terror does not only affect the basic human rights of the terrorists but also at the same time is having a severe impact on the fundamental rights of the civilians residing therein. This calls for an imperative need that a definite legal framework should be devised by the sovereign governments through international cooperation of states and international organization to combat such ongoing worldwide concern.
This paper provides an overall overview on the issue of terrorism, human rights and war on terrorism. It will be also discussing about the measures taken by various organizations at international level and national level to curb this widespread global concern. The paper will be significantly laying emphasis on the human rights violations in the context of war on terrorism and what are its impacts on terrorist and civilian’s life.
Keywords: human rights, terrorism, counter-terrorism, war on terror, international co-operation & peace.
by IJLMH | Sep 12, 2020
Legal aid means assisting the people who are unable to afford the legal services and who face problem in getting access to judicial system. Legal aid plays a very necessary role by ensuring equality before law, protection of rights to life and personal liberty, the right to fair trial. Every nation should follow the concept of legal aid and it is specifically mentioned in Universal Declaration of Human Rights (UDHR),1948 and International covenant on Civil and Political Rights (ICCPR), 1966
This research paper hereby answers the question scuh as What is free legal aid?, To whom it shall be given ? Is legal aid a charity or a basic human right?, What are the constitutional provisions related to legal aid?, What are the types of legal services provided?
This research paper describes legal aid in broadest sense as a fundamental human right, which is providing public access to legal representation, legal institutions, legal information, legal advice, legal education and knowledge.
The major objective of writing this research paper is to understand the role of state from a human rights perspective rather than of a charity one.
This paper will conclude various case reviews along with human rights treaties and conventions.
Keywords: Legal Aid, Human Right, Legal Representation