by IJLMH | Oct 26, 2020
Compensation to the victim of crime by the individual or by the state gaining much importance now days. However, it has been observed that mostly Fundamental Rights provided to the citizens in the Constitution are being violated by various governmental agencies in exercise of their administrative powers. In some cases, the Fundamental Rights of the victim which are infringed may be restored, but in each and every case as well as in every circumstance the restoration may not be possible. In such situation compensation in terms of money for the suffering has to be granted. Article 32 of the Constitution of India confers power on the Supreme Court to issue order or direction including writs whichever is appropriate for the enforcement of Fundamental Rights mentioned in part III of the Constitution of India.
Keywords: Fundamental Rights, Victim, Violation, Compensation, Enactments
by IJLMH | Oct 26, 2020
The poverty is a state in which human being is not able to maintain basic resources required to maintain minimum level of lifestyle, the term lifestyle covers primary issues to human existence such as food, clothing, shelter, as well as byproducts/secondary issues which directly come from the primary issues such as: physical existence of a human being and mental health. On further bifurcation we understand that physical existence covers physical health, level of nutrition, level of hygiene, level of living conditions and mental health covers emotional, physiological, educational needs. India is a patriarchal society and hence the gender element makes it extremely difficult and harsh for such women who are crippled in this vicious circle of poverty to easily make a fulfilling life. Keeping this in mind the aim of this paper is to evaluate the real fundamental problems of poor women, we shall also discuss whether law has benefited and improved the lives of the poor women living in poverty. the life of a poor women is full of compromise and it extends even to the point where it negatively affects their physical as well as mental health more negatively in cycle of poverty, despite many legislations are present but the process of litigation is expensive and when the question of making ends meet dominates all other problems such women often suffer in silence. Poverty starts discrimination in discrimination when a poor women is just a girl child and in between somehow that girl child tranforms into a women with sight full of hopelessness, we shall discuss these aspects with respect to law and also discuss the impact of implementation of law with respect to women.
by IJLMH | Oct 26, 2020
The doctrine of the veil of incorporation is a legal notion that alienates the personality of a company or a corporation from the personalities of its shareholders, subscribers, and directors. The corporate veil protects all the abovementioned ilk from being personally liable for the company’s debts, obligations, and other encumbrances. The Indian courts, in their plethora of rulings, held that the company is a separate legal entity. But, this concept of piercing the corporate veil has been widened with the passage of time which allowed the courts to exercise their discretion to the extent of sporadic scope. This research project analyzed and assessed the aftermaths of widening discretion of the courts to pierce the veil or not. To my utmost surprise, I discovered that the broad discretion of the courts to pierce the veil resulted into uncertainty and ambiguity in situations when the court was buffeted by the responsibility of bringing out the corporate predictability and clarity.
Keywords: Corporate veil, separate legal personality, board of directors, limited liability.
by IJLMH | Oct 26, 2020
“Every human being is born with something known as sex and it depends upon you, how you recognize and discover it.” The golden thread that runs through the schemes of equality of the Constitution of India is that ‘all citizens must enjoy their life and as human beings they must have equal opportunities to grow ‘. India is a land of distinguishing cultures and religion and has a gender biased society. Since ancient times the Indian society has recognized only two genders i.e. male and female and the populace which do not fall within these two categories remained the neglected part of the society. But with the passage of time there has risen a need to give such populace a separate identity. Transgenders are the ones who are hardly researched, scorned, abused and callously ignored. It is crucial to determine the gender to which one person belongs as it is intrinsic to their right to dignity and self-determination. In this paper we will come across the harassment suffered by the transgender community by the police officials and public. The sectors in which they are neglected. This paper will put a light on the socio-economic status of the transgenders. Due to ignorance the problems faced by them. The various rights recognized by the court and various directions given by it to the government. The separate gender identity given to this community.
Keywords: Transgenders, Legal Aid, Rights, Status
by IJLMH | Oct 26, 2020
Subordinate Legislations or Delegated Legislations have become an inherent and inseparable part of administration. Modern governments seem to be relying increasingly on the rulemaking power vested with them to quicken the pace of decision making and circumvent the hurdle of time that is most commonly seen in the traditional law making system. This system, despite its wide acceptance and common use today, did not always enjoy such a position. Delegated Legislations have, over the last many years, exhibited an evolutionary curve that has witnessed questions over their correctness and legality. These questions have cut across the in the context of the doctrine of Separation of Powers as well as the context of excessive governmental power or abuse of power. This paper attempts to study the history, evolution, and the present status of delegated legislations in India, the United States of America, and the United Kingdom.
by IJLMH | Oct 26, 2020
Rural Development is a process which aims at improving the well-being and self realization of people living in the rural area. Fast economic development in any country to a greater extent depends on the rural development and it assists the economy to grow at a fast rate and sustainable in the long run. The paper revealed that rural development does not means only increase in the per capita income in the rural settings, but also many improvements in their quality of life such as better health, education, housing, food and nutrition facilities, etc. Punjab is one of the highly developed states of Indian economy thanks to the success of green revolution strategy started in the mid-1960s and small scale industries. The state has become a leading contributor to the country food grain’s basket. The basic objective of this paper is to analyze the various issues related to the development of rural areas of Punjab. It also suggests ways and means to overcome the challenges of rural development. It also suggests workable strategy to create new opportunities of gainful self-employment for the rural families, especially to the disadvantaged sections of society by ensuring sustainable livelihood, enriched environment, improved quality of life and human values. To achieve these goals, the paper states that there is a need for co-ordination among various government agencies and other institutions engaged in the rural development. This will also help in minimizing the rural-urban gap in terms of basic infrastructural facilities essential for ‘sustainable rural development’ of a region like Punjab.
Keywords: Rural Development, Issues, Programmes, Sustainable Development.
