by IJLMH | Dec 12, 2020
Hinduism is not just a religion but is a way of life. It has shown since long time that dharma is the key factor for a greater life. Dharma is not law; it is way broader than the concept of law. Jurists like Mayne acknowledge Hindu Law as the oldest pedigree of jurisprudence and it is still standing against all odds. Hindu legal theory derives its concepts from many sources such as Dharmashashtras, Smritis, Shrutis, Vedic literatures, Bhagavat Gita, Puraanas, Upanishads, epics like Ramayana and Mahabharata etc. The jurisprudential aspects of these sources have helped and are still helping us to interpret laws and understand its importance in current times.
The Hindu Legal Theory deals with the origin of law, its correlation with the state, conception of the term law by various people such as Manu, Jaimini and many more, law as duty and law with respect to morals and religion. This paper deals with the interpretation and understanding of these concepts by jurisprudential perspective and understands its relevance and existence in currents dynamics also. There are various statutes in law but in Hindu Law customs and usages were given equal importance as the laws which are written and as we know that the customs and usages are ever dynamic the concept of Hindu law has also evolved but the roots are still intact and have stood the test of time. Supreme Court and different High Courts time and again have interpreted the term dharma and other concepts of Hindu law and decided the cases based upon such interpretations. So, the understanding of Hindu law with jurisprudential perspective will be useful in understanding its relevance in current times.
by IJLMH | Dec 12, 2020
After the two world wars that the world faced there is a certain change in the attitude in the international organisation and even to some countries to do away with the heinousness of the capital punishment of the offender due to the rise of the human rights consciousness. But still there are certain countries like India who still uphold the capital punishment in the rarest of the rare cases. But this paper concentrate on the same term “rarest of the rare” whose definition has been differently interpreted at different times by the supreme court of India, sometimes the apex court has set some criteria to determine the offence in the category of ‘Rarest of the Rare’ while other times it just verdict the offence as rarest of the rare on the basis of the collective consciousness of the people at large in the country. This paper tends to indicate that the collective consciousness is a myth and the whole capital punishment criteria held by the Indian Judiciary needs to be reconsidered as there is disparity in terms of the verdicts so given by the same apex court at different times but on same offences at least the gravity of crime was in similar.
Keywords: rarest of the rare, collective consciousness, capital punishment.
by IJLMH | Dec 12, 2020
Competition Law and Intellectual Property Rights (IPRs) have been a topic of heated discussions, especially in a regulated market economy like India. Both the areas are dynamic and often tend to come in conflict with each other. Though the means are different, both Competition Law and IPR strive towards one goal – attainment of efficiency in market. However, the differences in the methods and approach in achieving this goal leads to conflict between the two. Besides, while competition law strives to sustain and promote competition in the market, IPRs confer limited monopolies thereby restraining competition. The paper attempts to look into the interplay between competition law and IPRs to analyse whether competition law and IPRs are friends or foes. The same shall be carried out by analysing the provisions of both laws and the related judicial precedents.
by IJLMH | Dec 12, 2020
Marriage is one of the primary instruments utilized in extension of family yet having said that the foundation of civil marriage has experienced significant changes over the recent couple of decades. That being said, this foundation brings in the upsetting and unbearable issue of cruelty faced by married woman in her in-law’s house by husband or his relatives. Looking back, India was swamped with the media reports and readings regarding the cold-blooded matter of cruelty by husband and his relatives against married woman for various selfish reasons, the most important being the non-fulfilment of the demands of dowry. For this purpose, to defend the interest of a women by protecting them from the odds of such ill-behavior faced under the roof of their matrimonial home, Section 498A was inserted in the Indian Penal Code by the Criminal Law (Second Amendment Act, 1983). This paper attempts to highlight the importance of section 498A of the Indian Penal Code and lays down a legal as well as judicial analysis of the topic, certain important definitions, situations and cases, that plays and essential role in the understanding of section 498A. Along the same lines, unfortunately contentions have been held against the misuse of this law for various suspicious reasons. Therefore, this paper also deals with the claimed misuse of section 498A of the Indian Penal Code and the reality beyond these allegations.
Keywords: Cruelty, Dowry, Marriage, Section 498A.
by IJLMH | Dec 12, 2020
Although people’s transboundary movement began a long time ago, it took the dawn of the 21st century to have definitive legal and political consequences. International migration should reasonably be regarded as historical. People have migrated since the days of the nation-states. Over the years, the reasons for migration have undoubtedly changed, but the phenomenon is still alive. Thus, it may be said that cross-border human movement is part of the collective, universal human experience. In line with this sentiment, the human rights approach is also appropriately fitting to deal with such human experience. Although human rights concern in the past have effectively been denied access to a global dialogue on refugees on the mistaken premise that the refugee problem is very distinct from a human rights problem, today the trend is to integrate Human Rights Law and International Humanitarian Law into Refugee Legislation. The burgeoning awareness of the number, size, and nature of the refugee crisis has led the policymakers to shift their focus from the erstwhile policies on safety and welfare of refugees, which were developed after the Second World War, towards a more contemporary solution-based approach to the Refugee Problem. Refugee legislation is one of the institutional structures that can be applied concurrently in the context of armed conflict. Refugee rights are part and parcel of human rights.
by IJLMH | Dec 11, 2020
Girls and women have a right to participate in civil society, vote in elections, be elected to government office, serve on boards, and make their voices heard in any process that will ultimately affect them, their families, and their communities. Asserting in girls’ and women’s right to political participation is a necessary step to achieving global gender equality and democratic governance. Increasing the share of women in India’s state legislative assemblies is not only likely to lead to better representation of women’s and children’s concerns in policy-making, it is also likely to lead to higher economic growth. A woman’s place is in politics. Importance and development of democracy through women participation in politics must be planted by equal participation of men and women in the field of politics so that the decision making will be refined. It would really be appreciating if the government allows women in all form of politics and thus women push their scales to speak out for everything.
