by IJLMH | Nov 3, 2020
The study of this article is based upon the conceptual and theoretical understanding on the subject matter of Right to Information and how the same helps in ensuring good governance of the organizations be it the government, semi-government or non-governmental organizations in holding the right person in authority accountable for their act of deceit and callousness. Right to Information being a basic human right available with every human being also discusses on how the right facilitates into public participation and how glaring is the subject of its awareness amongst the citizens of the nation for them being more responsible and participative in the transparent governance of various sectors. Furthermore, the article discusses the purpose and intent of legislating the Right to Information Act, 2005 and how prior to it the area was given a wide understanding under the Right to Freedom of Speech and Expression i.e. Article 19 of the Indian Constitution. In the part of conclusion, the paper provides certain recommendations and suggestion on ensuring active public participation in exercising this right which is both the duty of the government and the citizens in ensuring the same. Thus, the study of this article is hence forth based upon certain given set of rules, laws, widely accepted theories, radical judgements and the logical rational behind doing so.
Keywords: Right to Information, Good Governance, Public Participation, Need of Awareness and Judicial Observation
by IJLMH | Nov 3, 2020
The mere fact that mediated settlement agreements are voluntarily entered into does not ensure that they will always be honoured. The lack of a harmonized approach to the enforcement of mediated settlement agreements proved detrimental to the growth of mediation. With an objective to enforce mediated settlement agreements, the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention on Mediation”) was adopted by the United Nations General Assembly. The historic Convention recently came into force on 12 September 2020. The Singapore Convention on Mediation addresses the existing vacuum of enforceability and thereby facilitates resolution of cross-border disputes through mediation. This article discusses the scope of its application and the key elements of the Convention while also exploring its future implications on the mediation landscape. Further, it also seeks to analyse the Convention from an Indian perspective.
Keywords: convention, mediation, Singapore, enforcement, settlement, international
by IJLMH | Nov 3, 2020
Hate speech has been globally recognized as a grave threat to the society. The issue of hate speech becomes even more serious in the present age of internet with the content reaching swiftly to a massive audience. Therefore, creation and circulation of online content has emerged as a new challenge in way of regulation of hate speech which becomes even more difficult in absence of an efficient legal framework. This calls for a legislative intervention to fill in the gaps in the existing laws. The Supreme Court of India has repeatedly emphasized upon the need for a new law regulating online hate speech in India. Besides, several reports have been put forward by the expert Committees and the Law Commission of India proposing certain amendments in the present laws. The recommendations, however, still remain to be followed. In this backdrop, this paper highlights the need for a robust legal framework covering modern forms of hate content proliferating on the internet in light of the developments taking place across the globe.
by IJLMH | Nov 3, 2020
The application of Res Judicata cannot be ignored in the garb of giving protection to fundamental rights. People cannot keep filing as many writ petition as they like and take one or two points every time. That is clearly opposed to the public policy on which the very idea of Res Judicata is based and would amount to harassment of opposing litigating parties and wastage of court’s precious time. It would dilute the doctrine of finality of judgements and would bring the legal system to a haul. This paper would analyse the intricacies of Res Judicata and the principles on which the doctrine is based. For the purpose of determination of application of the same doctrine in case of writ jurisdiction under Article 226 and Article 32 of the Constitution of India in High Courts and the Supreme Court of India respectively, the author has relied on the case of Devilal Modi vs. Sales Tax Officer.
by IJLMH | Nov 3, 2020
The subordinate judiciary is the kingpin in the hierarchical system of administration of justice. A heavy responsibility lies on the trial judge to build a solemn unpolluted atmosphere in the dispensation of justice. Judicial officers do discharge a very sensitive and important constitutional role. Judicial officers must aspire and adhere to a higher standard of honesty, integrity and probity in their judicial life. The first and foremost quality required in a Judge is integrity. Honesty and integrity are regarded as the hallmarks of judicial probity. Dishonesty is, thus, considered as the stark antithesis of judicial probity. It is well recognized that Judicial service is not merely an employment nor judges merely employees, rather they are holders of public offices of heavy trust and responsibility. A Judge is judged not only by his quality of judgments but also by the quality and purity of his character. They cannot act even remotely unworthy of the office they occupy. Thus, for a democracy to thrive and the rule of law to survive, justice system and the judicial process have to be strong and every Judge must discharge his judicial functions with integrity, impartiality and intellectual honesty. It is high time that the judiciary took utmost care to see that the temple of justice does not crack from inside, which will undermine public confidence in the administration of justice system. The paper is an endeavor to examine the trend of the Supreme Court on the integrity of the judicial officers for ensuring an efficient and accountable subordinate judiciary in the country.
by IJLMH | Nov 3, 2020
A big hindrance for women to live a healthy and fulfilling life is often due to the power relations within the society that primarily stems from traditional school of thoughts and operate at all levels of society. Therefore, it is not only important to introduce and implement laws that protect and support women empowerment and promote gender equality, but it is more important to bring about fundamental shift in people’s thinking and beliefs so that women are empowered and gender-equality is realized through a collective social effort, rather than through forced legislations which would render women empowerment and gender equality spurious. It took decades to supplant the value systems of patriarchy with the attributes of empowerment and uncover several fissures in our societal structure. We are aware of this fact that the empowerment process will not occur overnight and we must acknowledge the little success that we have attained so far.
Despite of having abundant legal machinery which tends to illustrate number of legislations to protect women’s right, there is a huge gulf between the enactment and enforcement of such laws. Women are still subjected to the same atrocities and injustices. Due to the underlying nuances of the male dominant structure, women in general face restrictions in terms of mobility, access to proper healthcare and education, limited decision-making authority and are more susceptible to violence, curtailing the effectiveness of these policies. The rationale behind this paper is to highlight the vulnerable and disadvantageous position of women in the society and it strongly suggests that the government must work incredibly hard to reform women’s current position and attain gender equality, which will have a positive spillover impact on the country’s sustainable growth.
Keywords: Women empowerment, Gender Equality, Exploitation, Gender discrimination.
