by IJLMH | Nov 4, 2020
Discrimination is such a disease, which can never be nullified or brought to zero. Human beings themselves are naturally in elusion under the light of discrimination; it all starts when with one look in the mirror, for the very first time. As per the Oxford Dictionary definition, discrimination is said to be defined as ‘the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex’. Just like every other thing in this world, on an average, the term discrimination also happens to trace its origination from the 17th century, which also explains the fact, that the act of discriminating between people had started way before the 17th century.
by IJLMH | Nov 4, 2020
While there are a number of international investment agreements (IIAs) signed till today but maximum of them fail to provide guidance as to how human rights, environmental protection should be included in and addressed in context of investment protection, protecting the right of the people of the host- state. Arbitral tribunal have been for a long time faced disputes which touch upon these issues or sometimes the disputes directly concern issues like environmental protection and human rights, they are still reluctant to address the investor-state dispute with respect to these matters. And due to this there are many instances where the human rights and environmental protection has been compromised to give levy to the investor at the cost of the rights of others. The relationship between human rights and trade is one of the central issues in the 21st century.
Investor- state agreements are considered venture and property insurance and that is why the investors do not want to sign an agreement which hampers their free working environment just like including human rights as it in some or the other way restrict certain act as we can observe in the Ethyl case.
Keywords: Human Rights, Dispute settlement, ICSID, ISDS, BIT, most-favoured nation, United Nations
by IJLMH | Nov 4, 2020
Blockchain Technology and Artificial Intelligence which are predicted as the future game-changer are in its budding state like exactly how the present-day internet was in the early nineties. This extremely dynamic technology is potent enough to erase all the present irregularities which the internet was incapable to solve to date. If implemented in the right way assisted with proper framework, Blockchain, and Artificial Intelligence technology are proficient to eliminate the two major nightmares of present-day internet users, i.e. Trust and Intermediaries. By avoiding the intermediaries, people find an easy way out from the massive commission and service charges which otherwise went to the pockets of the intermediaries.
Countries like Mauritius, China, Japan, Canada, and UAE have understood the potential scope of the blockchain and artificial intelligence technology, and they are progressing over it with several advances to enable and transform their economy as a blockchain-powered economy. Thereby transforming the internet powered economy to a blockchain-powered economy which is more secured to use with much ease than the former and enabling, ‘peer to peer’ transaction instead of the previous ‘peer to intermediary to peer transactions’ with zero losses of money. Due to lack of understanding, the general presumption is the scope of blockchain is limited to Bitcoin and Cash transactions, but in fact, it has a wider and broader application that is still underutilized.
Our paper critically analyses and suggests a remedy for several complicated issues prevailing in India related to data collection and also analyses how the artificial intelligence where used utilized to tackle many issues during the pandemic deploying blockchain as a solution by exploring certain unaccustomed applications of the same. The technology innovation in a situation like a pandemic had made people realize its benefits and the future ahead.
by IJLMH | Nov 4, 2020
This paper traces the development of the legal profession in British India and since the departure of the British to analyze comparatively, the post of Barrister or as it was known in India the Advocate, and the Senior advocate in the contemporary Quasi-Federal Democratic Republic of India. The Barrister had entered India as an aristocratic lawyer with imperial patronage. However, the paper argues that the Senior Advocate is, in fact, despite the long-standing protestations of contemporary Indian Vakils, the echo or retention of the erstwhile post of the Barrister. Particularly the position as obtained in the last days of the empire after the reforms of the late 19th century, wherefrom the English Barrister had materially converged with the native Vakil as an officer of the Court but specialized in pleading. Whereas for most of the early 19th century the Vakil had been a junior practitioner of law in the lower courts, by the end of the era he had transmogrified into a more fully-fledged lawyer led by eminent Indian vakils elevated to the post of Advocate (Barrister). The Barrister at once in danger of merging and disappearing altogether with the unified single practitioner under the newly emerging all India bar instead reappears as the Senior Advocate along with the Advocate as a junior practitioner and the Advocate on record as a specialist in acting, much like the erstwhile solicitor, as was considered beneficent to the Indian legal profession by the 14th Law Commission.
Keywords: Barrister, Solicitor, Advocate, Senior Advocate, Advocates Act, 1961
by IJLMH | Nov 4, 2020
In the context of the controversy on the Socially and Educationally Backward Classes 2018 Act as passed by state of Maharashtra, this paper aims to examine on how The Constitution (One Hundred and Second Amendment) Act, 2018 tried to take all the power of State legislature for the inclusion of classes under the heading “socially and educationally backward classes” to the hands of the president with inclusion of Article 342A and 366(26C) in the Constitution of India. In this regard a study on how the 102nd Constitutional amendment leads to obscurity concerning the division of power between centre and state regarding the power to inclusion of classes under “Socially and educationally backward classes” along with the brief of 102nd constitutional amendment, references on the situation before the 102nd constitutional amendment, purpose of the amendment and the report presented in parliament during the pendency of the Bill in parliament. In the light of Dr. jishri laxmnarao patel v. the chief minister of Maharashtra (Maratha reservation case) in which the Bombay high court gave the green signal to the Act passed by State of Maharashtra and stating that state legislative competence is not in any way affected by the Constitution 102nd amendment act and appeal to this pending in Supreme Court.
by IJLMH | Nov 4, 2020
Polygraph test is famously known as the lie detector test which is used by the law enforcing agencies to find the culprit. It involves noticing the change in a person’s blood pressure and heartbeat in order to figure out whether the statement made by him is true or false. Narco Analysis Test on the other hand serves the same purpose but the method used here is different. It involves administration of a drug under the influence of which the person answers the statements truthfully. With the evolution of science and technology these scientific tests have also been innovated in order to help serve justice better. The use of these tests by the law enforcing agencies sparked a debate across the world relating to the validity of these tests. There were proponents for these tests who argued that these eased the process of finding the truth and helped in putting accused behind the bars. The opponents of these tests argued that these tests were a violation of the Constitution and the principle of self-incrimination. They also argued that these tests were not reliable and also has the possibility of giving false results in few cases. These tests also did not take into consideration other factors like fear, stress and coercion or duress into account. Under any of these circumstances the person’s blood pressure or heart rate could increase, even if he was not lying. Hence, they argued that these tests should not be admissible as evidence in order to sentence a person. This paper tries to critically analyse the process used in these tests and showcase why they should not be used under the Indian laws to trace the accused person. It mainly highlights how these tests violate the Indian Constitution and hence should be rendered invalid in India.
