by IJLMH | Oct 23, 2020
Rape! Section 375 of Indian penal code defines a term rape. Rape has now become a culture that we have to live with. Nowadays, the term rape has lost it effects of being seen as a crucial thing and injustice to women. Writing a article named Rape is quite similar and very often that people can ignore,like these articles comes when an heinous Rape occurs. Rape is one of the India’s most common (note very common’) crime against women. It is reported that every 20 minutes, a woman is raped in india. Has India become the unsafest place for women? Let’s move to the statistics now, by a report only 10% of rape is reported and the conviction rate is only about 24.2% but the occurrence of a rape is about 43% in all over India. ‘rape’ as a clearly defined offence was first introduced in the Indian penal code in 1860. Prior to this, there were often diverse and conflicting laws prevailing across India. The codification of Indian laws began with the enactment of the charter act, 1833 by British parliament which led to the establishment of the first law commission under the chairmanship of lord Macaulay. The commission then decided to put the criminal law of the land in two different codes. The first to be placed on the statute book was the Indian penal code formulating the substantive law of crimes. This was enacted in October 1860 but brought into force on January 1, 1862. Rape, the heinous crime which is still occuring in our society even after the many rape cases that shook the country and new laws has been passed but still the situation is not changed a bit. Recently the young women in Hathras, Uttar Pradesh who have been raped brutally and dead are breaking millions of hearts in the country and several protests have been taking place in favor of it. Where is the country going? Can a woman feel safe anymore? Can a rape be stopped? It’s raising a ton of questions but no one has an answer to all of it.
by IJLMH | Oct 23, 2020
The concept of intellectual property (IP) was developed during the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works treaties of 1883 and 1886, respectively. The intention was to provide legal protection to novel intellectual creations, including industrial novelties and accomplishments of art. Industrial IP law entails patents for novel inventions and trademarks for branded products. Research and development, and advances in biotechnology and bioinformatics have resulted in massive advances in medicine. As a result, the synthesis of new drugs has taken a turn following the incorporation of patent law in these developments to protect the novel formulas and protocols involved. The culminating effect is a drug-market monopoly and exorbitant pricing of modern drugs rendering them inaccessible to developing countries and poor populations in developed countries. Importantly, the actual tragedy is surrounded by the inequality between high and low-income countries in acquisition of essential drugs to curb infectious and emerging diseases, particularly in sub-Sahara Africa and some parts of Asia. A global crisis in relation to health has emerged with escalating deaths occurring yearly for treatable or preventable diseases.
The rising costs of drugs and medicines, coupled with changing economic policies and trends in the global market has advocated the awareness on the role of patents in drug pricing. It is in this regard that the World Trade Organization (WTO) was developed to establish trade liberalization and standardization. More importantly, the reduction of trade barriers in the global market is coupled with patenting, and the definition of minimum standards of intellectual property explained in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, introduce a contest with respect to their influence on public health. This article seeks in-depth understanding of the existing legal measures influencing access and affordability to drugs and medicines. Moreover, this article will critically evaluate the effectiveness of these legal measures and postulate the establishment of equitability and equality in public health interests and the rights of patent-holding companies.
by IJLMH | Oct 20, 2020
Sexual and reproductive rights are certainly one of the most basic pedestals of human rights. They encompass the essential rights that every being deserves, such as the right to have the autonomy, independence, and complete authority over one’s body and the consequent actions as well. These rights must also include the rights to make independent and erudite choices on matters revolving around sexual health, preferences, and rights over reproduction. Most of all these rights must be endowed with the protection and immunity from the stereotypes and stigmas, that the society has been continuously throwing upon those subjected to conflicts in these matters. Amongst the vast array of sections of the human race, who are concerned with the same, through our paper, we hope to bring the women with disabilities under the spotlight of our research. We have chosen the aforementioned section, as we believe that they are even more suppressed than the others due to their physical inequality in general as well from the dimensions of reproductive perspective, parenthood, financial, and economic and legal background. We would be therein, discussing key factors of relevance such as the sufferings that women face for being born a woman, moreover a woman with a disability, in the light of their rights to sexual and reproductive independence, being oppressed. We will also be examining the shift in the cycle of accountability concerning this issue from the perspectives of answerability, liability, and responsibility and the reasonableness and practicability of enforcement. And they say of the ‘Convention on the Rights of Person with Disability (CRPD)’ on the same with highlight to the optional protocol which in its current status quo has ordered, there be an investigation only in the event of the grave and systematic violations of its norms.
by IJLMH | Oct 20, 2020
This paper critically examines male rape in India. The male rape is not recognized in law. The male rape is a prevalent issue in society that can have profound number of negative effects on a victim. We are thinking about protection of women from sexual violence, rape and other sexual exploitation and we have enacted number of laws for them. What about the protection of males and boys? How can we protect their dignity and respect from the attack sexual assault and rape? There is a stereotype in the law and society that a man cannot be raped by women.
by IJLMH | Oct 20, 2020
The scope of Article 21 of the Indian Constitution which secures two rights namely, Right to Life and Right to Personal Liberty had widened its scope and has been interpreting the right to life from mere physical existence to include finer values of life and right to proper healthy livelihood and the right to personal liberty has been interpreted to include right to privacy, right to travel abroad and various others. The framers of the Indian Constitution kept in mind the basic Human Rights and by the influence of the Universal Declaration of Human Rights (1948) provided for the protection of life and personal liberty of every citizen. Article 21 is available to both the citizens of the country and also to the non citizens, the reason behind this is that, Article 21 is safeguarding the basic human rights and such right shall apply without discrimination of any sort including citizens or non citizens. Traditionally the Article had a narrow interpretation, but with time and more wide interpretation of the Article and by applying the purposive construction approach of interpretation whereby the purpose of the creation of the statute is kept in mind and taken in consideration, Article 21 is being interpreted in a very wide scope. The court moved from a traditional pedantic approach to purposive approach in constructing the right to life and right to personal liberty under the constitution. Article 21 is omnipotent and cannot be suspended even during the period of emergency in the country. Article 21 does not merely exist in the paper but is kept alive and vibrant so the country can provide for absolute dignity and basic Human Rights to the people as it was intended by the framers of the constitution.
Keywords: Article 21, Human Rights, Right to Life, Personal Liberty, Constitution.
by IJLMH | Oct 20, 2020
Transgenders have been discriminated and maltreated from the very beginning in all the aspects of life. They are the citizens of a country and are just like every other individual out there, so why so much of discrimination and inequality among them? They must have access to all the rights that is provided to every other individual in general. The authors of the paper have tried to cover maximum about their history and what all obligations the trans face in various fields. This paper also talks about some important rights that has been given to the transgenders and there have been citing of various landmark case laws along with the judgement. The authors have tried to explain in the simplest form about how there’s a violation of the Articles of The Constitution of India. Further, this paper also contains a part which speaks of a few of the recent achievements of the transgenders.
Keywords: Constitution, transgenders, rights, discrimination, inequality.
