by IJLMH | Nov 4, 2020
The present study is a detailed analysis of the events of January 19, 1990 when a large group of Kashmiri Pandits were forced out of their homes in one of the biggest exoduses in the history of independent India. The study comprises doctrinal and empirical research on the concerned subject matter and aims to address the gaps. The main objective of the paper is to find out the reasons behind this incident and it being a hushed down topic in the social and political discourse of India and why it was not addressed internationally despite the gravity of the crimes that were committed. The paper specifies the reasons of the eviction, the effects, governmental action taken at national and number of perinternational level and concludes with suggestions on how it could have been addressed better.
Keywords: Human Rights, Human Rights Violations, Kashmiri Pandit, Jammu Kashmir, Domicile Law, Article 370 & 35A, Exodus, Genocide, Crimes against Humanity.
by IJLMH | Nov 4, 2020
21st Century has been the era of inventions. Inventions that have made human life tremendously more comfortable. We have witnessed the inception and domination of artificial intelligence. From scarce access to internet we have already reached the era of 5G. With this incessant rise, an alternate reality has come into existence. An intangible reality conducive to absolute anonymity. With all the good it brings it has also turned out to be equally fatal. With the rise of cyber world, along came stalkers, hackers, scammers and all sorts of miscreants and anti-legal elements. This has made the society vulnerable to cybercrimes. In this paper the researchers will be emphasizing on cybercrimes that take place against women. Women are easy targets for crimes online and are being massively victimised. Cyber bullying, voyeurism, sextortion, stalking are some of the common crimes committed against women online. With increase in cybercrimes privacy and security of women are hanging in thin air. The major objective of the research is to analyse the current scenario of cyber security in India and need for introducing specific legislations for the safety of women. Over the course of this paper the researchers would explain how the legislations are not being implemented. The major finding of this research is to highlight the necessity of bringing more specific policies and legislations against cybercrime. With increase in social media networks and private sites it is essential for government to bring specific legislations for every particular crime committed against women. Over the course of this research analysis will be provided over how number of crimes are not being reported because of conventional society and patriarchal mindset. Researchers have also studied the progress of government in fighting cybercrimes and also have listed valuable suggestions to fight this menace. The researchers have adhered to doctrinal mode of research with reference of bluebook mode of citation.
by IJLMH | Nov 3, 2020
Money laundering has become the major cause of concern for the national economy in India. The prime legislation dealing with such activities is Prevention of Money Laundering Act 2002. Although the Act provides strict provisions for curbing the menace of routing illegal money, it also encroaches upon the rights of the alleged offenders. Seeking justice is every man’s legitimate right and any barrier in this journey demands analytical attention. This paper critically analyses the provisions of the Act in light of the principles of law of evidence. It engages in highlighting the inconsistencies between the evidence aspect of the Act with the well settled principles of law of evidence. Questions such as Whether Section 24 of the Act renders the principle of presumption of innocence ineffective or Whether evidentiary value attached to evidence under the Act is same as that under Indian Evidence Act, 1872 or Whether the statement recorded before the Investigating Officer under the Act is admissible evidence under the law, are taken up to find answers with an inquiry-based temperament. The analysis helps in understanding the need of amendments in the concerned Act to maintain interest of the society alongwith upholding general principles of criminal law jurisprudence especially with regard to the accused.
Keywords: Money laundering, Evidence, Evidentiary value, Burden of Proof
by IJLMH | Nov 3, 2020
The widely accepted definition of health is that given by the WHO in the preamble of its constitution, according to World Health Organization, “Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease. And this Right to health is not included directly in as a fundamental right in the Indian Constitution. The Constitution maker imposed this duty on the state to ensure social and economic justice. The Constitutional directives contained in Articles 38, 39 (e) (f), 42, 47, and 48 A in Part IV of the Constitution of India ensure the obligation on the state to create and to sustain the conditions congenial to good health. If we only see those provisions then we find that some provisions of them have directly or indirectly related to public health. Thus the preamble to the Constitution of India, inter alia, seeks to secure for all its citizens justice-social and economic. It provides a framework for the achievement of the objectives laid down in the preamble. The preamble has been amplified and elaborated in the Directive Principles of State policy. But the question is whether these policies, schemes, and plans of government with regard to health care, reaching the lower sections of people especially scheduled tribes. Further, this paper will focus on aspects like health care policies, problems in implementing, center and states participation, aspects of healthcare, drawbacks in government policies, strategies to improve the approach of providing health care in tribal areas, etc.
Keywords: Right to health, Directive principles of state policies, social and economic justice, scheduled tribes, health care policies.
by IJLMH | Nov 3, 2020
This article sets out to discuss the conflict between the Intellectual Property Rights Agreement (TRIPs), 1995 and the Convention on Biological Diversity (CBD), 1992. Further this article also sets to analyze grounds for the existing conflict between both and grounds for such conflict. The main principle of this convention is that the local communities who are dependent from the biodiversity on their area must benefit from it and the emphasis on community as a whole is one generating grounds for conflict with TRIPs as TRIPs concerns itself with individual IP rights rather than communal. This article focuses on the two principles namely community rights and private intellectual property rights, upon which the CBD and TRIPs are founded respectively and which became the root cause of this ever growing conflict. Further this article also discusses the Indian stand as a developing nation in this conflict by analyzing the Biodiversity Act, 2002 and the Patents Act, 2005.
Keywords: CBD, TRIPs, Biodiversity, Patent
by IJLMH | Nov 3, 2020
The formulation of laws and legislations in a society is paramount to promote peace and harmony and to shield individuals from becoming victims to the crime. The term ‘victim’ is wide enough to encompass the immediate kin or dependants of the direct victims of the crime and persons who have suffered harm or injury while assisting the victims in distress or to prevent victimization. A victim plays a crucial role in an offence and is an important component of the crime scene. Victimology is a part of criminology and is an emerging science that studies the crime from the perspective of the victim.
For many decades the criminal justice systems around the world have overlooked and failed to notice the importance of victims in an offence. Many countries have realised the need to extend assistance and services to the victims of crime thereby a paradigm shift has emerged in their way of dealing with the victims, however, under the Indian criminal justice system, victims of crime have no inherent prerogative and are treated as mere witnesses for prosecuting and punishing the offenders. Compensating and compounding the victims are only considered as justice, apart from protecting them and their property from any harm. Though the system along with the judges has played a key role in the expansion of victim’s rights in our country, yet due weightage and importance are not heeded to them. Major changes and advancement focusing on the victim’s rights needs to be introduced in our justice system.
Keywords: Victims, Victimology, Criminal Justice, Compensation, Human Rights.
