by IJLMH | Oct 25, 2020
In order to curb the exploitation of the farmers at the hands of scrupulous market players acting as middlemen and agents for trade of agricultural produce, the new farm legislations were enacted with the sole object of providing the farmers the opportunity to choose the seller and enter into contract farming and thereby receiving remunerative prices for the agricultural yield. The new farm legislations had removed the trade barriers for sale and purchase of agricultural produce and provided platform to the farmers to sell their produce through electronic mode. In this way, the farmers have been given greater autonomy and freedom in selling their produce by opening up the agrarian economy for healthy competition.
Keywords: Farmer, Sponsor, Agricultural produce market, Transparency, Reforms, Essential Commodity, Farm Agreement.
by IJLMH | Oct 25, 2020
“The purpose of this article is to gain a better understanding of the impact of incarceration on victims who are unlawfully incarcerated or prosecuted; relevant legal provisions i.e. reviewed the laws existing in the western countries and India. The proposed exercise has also attempted to know as to what are the consequences of wrongful prosecution. Are there any laws regarding this issue? A systematic probe into some of these questions has been made in the study. The issue has been examined in the light of significant cases and judgements. Finally, the study also took a critical view of the existing provisions and at those which have been recommended by certain authorities. Besides, the study also endeavoured to recommend some effective solutions and ways to curb or eliminate this problem. The article has critically analysed the various instances of this problem in our country and has also reviewed the data of National Crime Records Bureau and the literature documenting the 277th Law Commission Report to gain information about the relationship between wrongful prosecution and increase in the number of under-trial prisoners year after year”.
Keywords: Wrongful Prosecution, Wrongful Incarceration, Miscarriage of Justice, overcrowding, specific statutes, and under trial prisoners.
by IJLMH | Oct 25, 2020
India has a long history of settlement of disputes outside the formal justice delivery system. The concept of parties settling their disputes by reference to a person or persons of their choice or private tribunals was well known to ancient India. Long before the king came to adjudicate and disputes were quite peacefully decided by the intervention of the kulas, srenis, pugas and such other autonomous body. During Mauryans the king was the head of justice there were special courts in the cities and villages presided over by the pradeshika, mahamatras and rajukas. Dharmasteya- is a type of court where civil matters are resolved. In Mughal period most villages resolved their cases in the village courts itself and appeal to the caste courts or panchayats, the arbitration of an impartial umpire (salis). In British period modern arbitration law in India was created by the Bengal regulation law in India was created by the Bengal regulations of 1772, 1780 and 1781 were designed to encourage arbitration. The Arbitration Act of 1940 was enacted replacing the Indian Arbitration Act of 1899. It amended and consolidated the law relating to arbitration in British India and remained a comprehensive law on Arbitration even in the Republican India till 1996. In Post-independence 1982 settlement of disputes out of courts stated through Lok Adalats. 2nd round of amendment in 2005 and 3rd round of amendment in 2015 came. It is of various types- mediation, conciliation and negotiation etc.
by IJLMH | Oct 25, 2020
India, a country that has an age old principle of practicing ‘Atithi devo bhavah’ , literally translates to ‘Guest must be treated like Almighty himself’ suggesting the underlying forces of the host–guest bond which exemplifies the customary Indian Hindu-Buddhist beliefs of worship of the guests just as God. India has hence applied the same principle of humanitarian safeguard to refugees and asylum seekers despite not being a signatory to international legal documents such as the Convention Relating to Status of Refugees, 1951 nor has a domestic, legal instrument to deal with the refugees. India has followed a very liberal refugee policy by implying provisions of existing acts in the state such as the Foreigners Act, 1946, Passport Act, 1920, Citizenship (Amendment) Act, 2019 along its own arbitrary arrangements. Nonetheless, the absenteeism of a refugee explicit regulation has attributed to the country’s fickle standing in South Asian political affairs and the menace of terrorism encountered by it. India notwithstanding its legal apprehensions, chiefly in the past couple of decades, and the stress of over-population and demographic imbalance has attended to hamper economic balance in the state, as India carries on taking a humanitarian view of the problem of refugees dealing with them without constructing a mandate that is both in favor of the refugees and the state. The essence and subject matters of the United Nations and International Conventions on the topic have, by and large, are inculcated by both the executive and judicial involvement. India has progressed to maintain a practical equilibrium amid human and humanitarian commitments but has failed to evolve the security and national interest so far.
by IJLMH | Oct 25, 2020
Labour Markets form an essential element for the growth of economy in the country. It had been over decades that the country had been following old and stringent labour laws where flexibility was a very vague concept. The paper focuses on the need for flexibility in the Labour markets. The old Labour Laws had very little scope for flexibility in the Labour Markets and such had grievous result on the growth of economy. Due to the stringent laws the employers kept less number of employees and the size of the establishment also used to be small, which in turn attracted less investment. All in all, the whole market was falling. Hence reforms in the Labour laws were very much needed and thus the following paper also outlines the recent reforms of the Labour Law code by the Union Government. The reforms have been made keeping in both the employee as well as the employer in mind. Also the reforms have been made with the aim to simplify the complex labour laws by merging various state and central labour laws, with the aim of have more growth of employment as well as investment. The paper also deals with the former labour laws and how they were different when compared with the new Labour Laws.
Keywords: reforms, Labour Laws, investment, employer, employee
by IJLMH | Oct 25, 2020
Every civilized society in the world recognizes and provides for discretionary power of pardon in its legal system to be exercised as an act of grace by its functionaries. This power is provided to promote the humanity in criminal law system prevalent in the country. The eminence of administrative discretion has created a jurisprudence of non-interference by the judicial branch in exercise of such administrative discretion. But lately Indian Courts following the footstep of US Supreme Court have started to judicially review the pardoning power of the Executive whenever there is glaring injustice, unfair and arbitrary use of such power is visible.
Keywords: Article 72, pardoning power, judicial review.
