by IJLMH | Dec 20, 2020
Over the past few years, attention has significantly shifted to the influence that gender diversity has on the efficiency of corporate governance and how it is imperative to boost productivity and social compliance, thereby increasing firm value. Despite such increase in the need of a gender diverse board, a number of Asian countries including India, fall below the average indicator for female representation on boards. The reason for such underrepresentation is manifold for India. There is an increased need to look at the social and economic factors that impact gender bias and stereotypes and hence leads to a predetermined notion of gender-based work roles.
The uprise in the number of female board members in Indian corporates was visible after the implementation of a legislation mandating a quota for such representation. But it subsequently became stagnant, making the regulatory mechanism inadequate to cater to the need of a gender diverse board. Also, compulsorily pushing companies through legislation may not have helped us reach the goal. This article analyses the important role regulators, institutional environment, companies and investors together play in diversifying the corporate boards. The article also analyses the need for a more inclusive structure, which will include social, cultural and economic factors in determining an equal representation of women on corporate boards.
by IJLMH | Dec 20, 2020
Indian Penal Code, 1860 incorporates many fault elements (mens rea) like intention, knowledge, rashness, negligence etc. but does not define them. Intention being one of the constituent elements of crime lacks a concrete definition. Many offences under Indian Penal Code, 1860 require intention as mens rea to be proved but it is nowhere defined in Indian Penal Code, 1860. The task of defining intention is therefore assumed by the Courts. It is important to give Intention a concrete definition to prevent any kind of ambiguity. In other jurisdictions, attempts have been made to give intention a concrete meaning and definition. Motive also being a mental element is made irrelevant for determining the culpability of the offender. There is an argument to this effect that it is impossible to form intention without the existence of motive. Hence, this paper is aimed at exploring the attempts made in different jurisdiction in order to give intention a concrete definition. Also, this paper examines the reasons as to why motive has been made irrelevant when it is impossible to form intention without motive.
by IJLMH | Dec 20, 2020
The pandemic had a very bad impact on everyone on each and every country on this earth but the worst impacted were the poor children who migrated from their villages to the towns with hope of a brighter future. The pandemic had impacted these poor kids in many ways and not just financially. The paper will also throw light upon certain provisions like constitutional provisions, national legislations and international laws which were introduced by our country in order to eradicate the exploitation of migrant child labour. further, it will also discuss about, how the situation and the failure of the system is leading to violation of rights of such children. At last, there will be general ways through which government as well as the citizens to contribute to help such migrant children during the adverse phase of the pandemic.
by IJLMH | Dec 20, 2020
The researcher aims to analyse the question of whether pornography amounts to violation of human rights from a jurisprudential and legal perspective. The common definition of Pornography is that it is a “printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate sexual excitement”. The definition of pornography itself is debatable as an attempt to define it has major social and legal consequences. The word ‘pornography’ is known to have Greek origin and is similar to the word ‘pornographos’ which means “the depiction of prostitutes, describing the life, manners, and customs of harlots and their patrons”. While analysing the concept of pornography as a right, it is curtailing a person’s right to freedom of speech and expression and right to privacy. But another perspective to be looked into is the obscenity of pornography that opposes the public policy by leading to harm to women, as a result of which it is debated to be essentially right to criminalise pornography because to preserve and maintain public morality and decency. The second aspect the researcher aims to analyse is how pornography is violative of human rights as it holds the potential to influence human behaviour leading to sexual violence in society especially to women. There is an increased demand by the public on account of violence to women to regulate pornography based on the perceived harm it inflicts on women. Pornography is considered to be a tool that portrays the domination of men over women and hence violating the equality of rights among them. The researcher in this paper mainly wants to draw out an analysis for and against pornography, violation of women’s rights and a concise picture of pornography law in India.
Keywords: Pornography, Women, Right, Free Speech, Exploitation
by IJLMH | Dec 20, 2020
Blockchain is a sophisticated bookkeeping technology which can effectively record transactions between two parties in a peer-peer network. Blockchain introduces a new regime of online transactions through a network of participants rather than through a centralized computer in a traditional computer-based ledger system. This technology is foundational in nature. Therefore, it has various applications by way of cryptocurrencies and smart contracts among others. However, due to its unique nature, Blockchain also faces numerous legal issues. This article attempts to trace and analyze the legal implications in the adaptation of blockchain technology.
by IJLMH | Dec 20, 2020
Colloquially known as the ‘NALSA judgement’, on April 15, 2014, a two judge bench of the Supreme Court of India accorded an ironclad judgement which settled an extensively debated and what was considered to be a very precarious legal dispute in India. This judgement has its own compelling value because it engaged in the area of law that was still vague and ambiguous in almost all countries around the globe. The word “transgender” – or trans – is an umbrella term for people whose gender identity is different from the sex assigned at birth. Being extremely diverse, certain Transgender people identify themselves as male or female where some identify themselves as genderqueer, non-binary or agender. While pondering over the question of the state of Transgender people, it is conclusively visible that they are constantly prone to chronic discrimination, social stigma and prejudiced inequality.
