Sentence Bargaining
There is a worldwide need for movement towards alternatives to judicial decision-making for legal disputes. In India, the most dreadful problems faced by the judiciary is the pendency of cases. Thus, with an aim to address the pendency of cases and bearing on mind the maxim “Justice Delayed is Justice Denied” the Indian legislators have introduced several legal mechanisms accelerating the criminal procedure. The most important among them are the guilty plea and sentence bargaining which came into force in 2006 by the Criminal Law Amendment Act, 2005.
This article provides thorough research about the concept of sentence bargaining, types of sentence bargaining, and its impact on the criminal justice system with judicial pronouncements. The objective of this work is to analyze the Indian model of sentence bargaining and make suggestions that may be conducive for making it much more acceptable and effective in the Criminal Justice System of the country.
Keywords: Bargaining, Judiciary, Criminal System
Minority Rights under International Law towards Participatory Equality
Over the last several decades, the question of the principles and practices required to accommodate minority groups in national systems has become a focal point in international discourse. This phenomenon should come as no surprise, given that ethnic homogeneity within a state is becoming a rarity. The protection of minorities is one of the oldest concerns of international law. The root of the minority problem lies in discrimination, oppression, exclusion and denial of identity. These issues pertaining to minorities have been addressed by states individually and as part of larger international society by devising different systems. The protection of minority rights has perhaps never been as relevant as today. This paper thus, seeks to understand the present state of minority rights in international law.
The paper addresses the central question of minority rights discourse as to who is a minority and why it is important to arrive at a consensus for the definition of the term. It then seeks to explore the need of minority rights. It also briefly traces the development of minority rights in international law and outlines its main content in detail. Given the ultimate goals of justice, equality and well-being for all human beings, developing a favourable and constructive legal system for the accommodation of racial, ethnic, religious, cultural and linguistic minorities in national and international systems is indispensable. The paper further reviews existing international law and other legal frameworks regarding national minority rights, including discussions of the specific case of indigenous peoples’ rights.
Creating a system of participatory equality entails, for most states, making drastic and fundamental changes to the state’s legal system, public spaces, social and economic structures. Thus, the paper tends to put light on the fact that the realization of full and effective equality for all citizens and residents within a multi-ethnic state requires “participatory equality.” Only when a nation’s legal system secures the rights of all citizens to share equally in all of these domains can that nation fulfils the purpose of international minority rights legal bodies and deliver substantive equality to majority and minority concerns, both in law and practice.
Violence Faced by Men in Domestic Environment
Women’s use of violence in intimate relationships is not well understood. This study examined women’s violence concerning their male partners ‘violence against them. This study spot the categories and range of domestic abuse experienced by men, to decide whether there’s a connection between male casualties of aggressive behaviour at home and therefore the physical and passionate parts of the maltreatment. This text gave an understanding of how men will be influenced by brutality and how it’ll tail them for the rest of their lives. On male adult facing sexual assault (ASA) and its effects on fathering that was distributed somewhere in the range of 2001 and 2018. The goal is to offer male victims of domestic abuse a chance, share their encounters on aggressive behaviour at home and its effect on their regular daily existence. Ignorance is the main problem we face in violence with male society is the main reason for the progressive increasing rate of different forms of male rights violation. Despite the information accessible, proposing savagery against men, no law to ensure men is yet to be framed by the assembly.
Keywords: domestic violence, abuse faced by men, intimate partner violence, women’s violence, women’s aggression and physical violence.
Article 370 and Indian Asymmetric Federalism – A view through the prism of Basic Structure Doctrine
India is a Union of States, this shows that it is federal. Though it is not ideally a federal country, it has certain features incorporated that make it a federal one. Therefore, India is Quasi-federal in nature. Further, it also has asymmetric federal features i.e. the constituting units of a federation have unequal power in the political, fiscal and administrative spheres. The best example for this would be State of Jammu & Kashmir (now Union territory) which is a de jure asymmetrical arrangement in India due to the existence of Article 370 of the Constitution. J&K choose to remain a unit of Indian federation only on the terms and conditions specified in the instrument of accession. The State of J&K has been accorded asymmetric status under Indian federalism because of the peculiar circumstances under which it acceded to the union of India.
Keywords: Asymmetric, federal, accession, Constitution
Acquiescing Paternal Encroachment Judicial Inroad in the Arbitral Code
The author has attempted to portray the realities of the ADR mechanism in India. The alternative dispute resolution machinery is plagued by various troubles which have been highlighted in the article. Emphasis is placed on the legislative intent on enforcement of arbitral law and the reasons as to why it is frustrated. The flaws and drawbacks of the Act and its adverse effects are underlined. The intertwining and similarities between the ADR and judiciary are striking; this has caused severe problems and has shaken the very foundation of ADR. The author calls for cohesive action plan to overcome these obstacles.
Keywords: Arbitration, arbitral tribunal, Arbitration and Conciliation Act, Judicial interference, legislative intent.