by IJLMH | Jan 1, 2021
The existence of punishment in the form of reform has been cause célèbre for a long time. The aim of punishment in any civil society is to act as a wall between the commission and the will to commit a crime. Thus, it seems the aim is deterrent, rather than reformative, which would establish the need to develop as a human being and not further put them through humiliation and anguish. The deplorable conditions of Indian Prisons and penal system in general has been the pillar to promote violence and criminal behaviour rather than act as a place of rehabilitation. Whereas a true reformatory system aims to promote the humanity in criminals, by reforming their personalities and provide adequate infrastructure to develop their personality while granting them a chance at a better future. In this paper, the author tries to analyse the current reformatory system in India and the need to revamp the same.
Keywords: Reformative, prison, punishment, penology, criminology
by IJLMH | Jan 1, 2021
The achievement of the objectives of equality, development and peace is hindered by the inhuman act of violence against women. The physical, sexual and mental torture against women detaches them from exercising their full potential. The concept of sexual harassment is an area of great concern. The act of sexual harassment abridges and violates the fundamental rights of a woman guaranteed under Article 14, 15 and 21 of Part III of the Constitution of India. The Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) to which India is a signatory since 1993, mandates the State Parties under Article 11 of the Convention to take necessary steps in eliminating discrimination against women in employment. India’s obligation towards International Organisations like CEDAW, ICESCE, ILO & Beijing Declaration and Platform for Action. The current paper highlights the incidents of sexual harassment from Bhanwari Devi’s case in 1992 which made the Hon’ble Supreme Court to lay down the guidelines in 1997 in Vishakha v. State of Rajasthan. The Court also made sure that these guidelines should be implemented both in letter and in spirit. The paper has highlight the data of sexual harassment of the past few years released by various sources like National Commission for Women (NCW) and National Crime Records Bureau (NCRB). The paper has also listed provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2012 which was passed in 2013. Another important part mentioned is the recommendations made by the Justice J.S. Verma Committee report which pointed out the deficiencies in the Bill and improper implantation of Vishakha’s case guidelines.
Keywords: Sexual Harassment, workplace, violence, gender equality, women, discrimination, Vishakha.
by IJLMH | Jan 1, 2021
A prison is a place decided by the government for those who don’t follow the norms of societal law. The sole motive behind creating a specific place is to teach them a lesson that these types of acts are harmful to society. Although, behind the bars, many malpractices occur which creates problems in achieving the purpose for which offenders are forced to live here. Thus, it is important to analyse the problems of the offenders to satisfy the sole purpose of prison. This condition takes a complex form in the matter of women and children’s since they belong to vulnerable groups. In today’s modern society also, the no. of women prisoners only constitutes a small population in the prisons. They face a lot of sexual abuse every day. It becomes a challenge for the executives to stop it. Various laws and treaties are made for the proper facilitation of prisoners especially for vulnerable groups at the national and international level. In this paper, we are going discussion about the sexual abuse faced by the vulnerable groups in the prison.
by IJLMH | Jan 1, 2021
Because every child in the world has one thing in common, their rights and someone violating them.
Corporal punishment and classroom coercion continue to prevail. Corporal Punishment is the deliberate infliction of physical pain and psychological humiliation in order to discipline the child, with respect to schools until the late 20th century when teachers were legally allowed to hit children. Many developed countries adopted the agendas to foster the old mind-set of people that it will only curb poor social conduct and it does not comply with the protection of the dignity of the child. A new government report concluded that corporal punishment was suffered by two out of every three children in study sample of 12,447. Coming to the psychological and social impacts of school corporal punishment, when a child sees another child getting physically reprimanded, this instils a fear in them, and they refrain from doing the same ‘crime’ as their peer. But at the same time there are adverse long-term psychological impacts on a child because the trauma might act out and show aggressive and anti-social tendencies. It also indicates that students become introverted and grow hatred for schools and may even leave higher education before it’s actual completion. Therefore, the government must protect their rights and support awareness campaigns against CP. As laws have already been framed, social reformation is needed. This research paper follows a comparative research and briefly presents situations across the globe and the reasons for it.
Keywords- coercion, discipline, reprimanded, social reformation.
by IJLMH | Dec 31, 2020
Due to increased competition and media fragmentation, today companies are looking for alternate media by which they are able to differentiate their offerings. One such medium is sponsorships. Sponsorships for companies is becoming increasingly expensive, the companies are therefore exploring alternative strategies whereby they get dual benefits of saving the sponsorship fee and at the same time reap the benefit of the event. Ambush marketing is one such technique. Ambush marketing can be defined as a marketing strategy where in the advertisers associate themselves with and therefore capitalize on a particular event without paying any sponsorship fee. From a theoretical perspective, what happens is that a company is able to garner the goodwill and popularity of an event without paying anything for the event. Even the authorization from the concerned parties is not taken. The word ambush comes from French verb “embuschier” which means “to place in a wood”. The term was coined by Jerry Welsh. The associated danger of ambush marketing is that the official sponsor who has paid for a heavy amount for the event loses its identification as well as it reduces the intended effectiveness. This paper seeks to address the various issues related to ambush marketing in detail. The focus shall be to study the concepts, its type, its current relevance in the marketing scenario and its impending dangers. The focus shall also be towards the recent strategies which the companies are adopting in the light of Ambush Marketing and what are its implications on the sponsor as well as the target audience.
by IJLMH | Dec 31, 2020
This article deals with a crucial issue of Spousal Rape prevailing in society. The focus is to give a total framework of spousal rape and how women are losing their sense of pride and nobility. The authors want to accentuate on unveiling the vail of the Legislature that how they have completely ignored the ambit of spousal rape from its framework. It further enlightens how lethargic and baffling our legislature is working for making spousal rape an offence in India. The authors want to draw the attention of society towards how the fundamental rights of women are violated when it comes to the interests and protection of their rights. It also lays down a glimpse on the notion of the right to privacy as to how women are becoming the victim of unwanted and dissenting sexual relationships with their husbands. It is pertinent to mention that due to spousal rape, the women are prone to diseases that may be life-taking as well.
