by IJLMH | Dec 28, 2020
This paper talks about depth the theories of Universalism and Cultural Relativism for the purpose of finding out the nature of Human Rights. However, the primary focus of this paper is to put forth instances of Woman’s Human Rights being violated due to certain cultural practices of Female Genital Mutilation, Polygamy and hence based on these grounds refrain from the incorporation of the theory Cultural Relativism.
Keywords: Universalism, Cultural Relativism, Women’s Rights, Female Genital Mutilation, Polygamy.
by IJLMH | Dec 28, 2020
The Right in the direction of privacy means that one’s information is not subjected to community examination. In the recent landmark case the Hon’ble Supreme Court of India got a prospect to deal with two main reproductive rights issues relating to surrogacy and reproductive freedom. The Supreme Court has held that right to privacy is a fundamental right and a woman has the right under Article 21 to make her own reproductive choices whereas the Medical Termination of Pregnancy Act places the choice of abortion within the fulfilment of the medical practitioners. There are various privacy concerns implicated in the process of surrogacy. In this milieu, the research paper proposes to study and discuss various privacy issues triggered in surrogacy. The author would further explore the validity of the medical termination of pregnancy act in the brightness of the Supreme Court judgment on women’s right to reproductive choices and provide suggestions for reproductive justice of women. The paper aims to provide and highlight the International conventions and instruments in respect to Universal declaration of Human Rights and Women Convention on the elimination of all forms of discrimination against women.
Keywords: Right to Privacy; Fundamental Right; Surrogate Mother; Reproductive Right.
by IJLMH | Dec 28, 2020
The Research Work mainly talks about the History of the Judicial System in India and how did it evolved and talks about the evolution and transformation by the British Officials in the Indian Judicial System. The Research Work mainly focuses on the evolution of Civil Laws, Criminal Laws and Personal Laws during the time of the British in India and how they implemented their own policies through these laws and used to govern the British India (British India has been used in the preface because earlier India was a part of the British and did not have its own independent judicial laws.) Still Indian Judicial System works on the principles and laws which were formed by the British Officials when they came to India as traders but later become the rulers of the country. The prime focus of this research work is to know in depth about the civil law, criminal law and personal laws during the British Era in India and what all evolutions took place in these over a period of time.
by IJLMH | Dec 28, 2020
Constitution is a living document, an instrument which makes the government system work. Its flexibility lies in its amendments. In this project, the text of the Constitution of India has been brought up-to-date by incorporating therein all amendments made by Parliament up to and including the Constitution (Ninety-Fourth Amendment) Act 2006. The Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in Article 370 and the Constitution (Application to Jammu and Kashmir) Order, 1954. The text of the Constitutional Amendments relating to the Constitution (Forty-fourth Amendment) Act, 1978, the Constitution (Eighty-Sixth Amendment) Act2002, and the Constitution (Eighty-sixth Amendment) Act 2003, which have not yet come into force, have been provided in the text at the appropriate places. The project also discusses the important cases like Kesavananda Bharti Case, Woman Rao Case, Golaknath Case etc and hence it gives us the full information about the constitutional amendments and its limitations in India and how the Constitution of the India works following the general principle of the Constitutionalism in the Constitution of India
Keywords: Constitution, Amendment, Limitation, Articles.
by IJLMH | Dec 27, 2020
This article has outlined the facts with regards to the execution of Journalist, Mr Jamal Khashoggi who was killed inside Saudi Arabia’s consulate in Istanbul, Turkey on 2nd October, 2018. Author, in this article has attempted to analyse how this premeditated plan of killing in a consulate has favoured the smooth accomplishment of Saudi Arabia’s plan and what are its obligation in planning such a killing. In this article the author has also discussed the role of United Nations in such a case where international laws were violated and why Turkey and USA are also to be blamed for the successful execution. Latter part of the article discusses the faults in the ongoing trials of those who are charged and the possible remedies.
by IJLMH | Dec 27, 2020
Laws are the guiding force which enables a person to distinguish just from unjust. In lieu of maintaining law and order it is of paramount importance to inflict penalty on revolting, undesirable and infamous people who aim at disturbing the equilibrium of the state by their atrocious activities and to augment societal values.
In India, the Indian Penal Code, 1860 aesthetically defines and grades various offences on the basis of the gravity and impact that an offence can have on the society. The Section 53 of the Code construes the kinds of punishment to which an offender can be charged with and these punishments derive their efficacy from deterrence, reformative, preventive, and retributive theories of punishment.
Capital punishment is the most stringent punishment described in the Code, which is reasoned to effectively deter a man, which no other punishment is capable of. A substantial change in 1955 was mandated, after which the courts had to record reasons for awarding death punishment. Its constitutionality has been challenged at numerous times and one such instance led to the genesis of the doctrine of rarest of rare cases.
The Capital Punishment is criticised on grounds that it is ambiguous, inhumane, ignites revenge and affected by the subjectivity of the bench deciding despite that it is inflicted only in the most barbarous, cold-blooded, and gruesome offences. However, the consequences of putting a blanket ban on capital punishment will render the State incapacitated to take requisite steps in case a rarest of rare cases surface.
