by IJLMH | Dec 20, 2020
Internet today has become an inevitable part of our lives and it is difficult to imagine a life without the internet and social media. With the growing technology, fast spread of mobile information and social media, our lives have become dependent on online media for all the information and also provide platforms for easy communication across the globe. Technology while providing so many advantages poses threats to individuals and social media has become a haven for the criminals as it has given rise to crimes committed in the online world. The latest form of social media is available to all and there is no person left who is not astonished by the perks of the internet. The major reason behind the popularity of social media is that of anonymity and also the creation of a virtual world where people can share information, exchange pictures, become friends, play games, fall in love, fight etc. without having actually met. However, infringement of privacy has become common especially in cases of women where personal information like name, address, location, photographs etc. are misused by the offenders. The factor of anonymity and fakeness in social media and the jurisdictional issues has hiked the cyber violence amongst individuals of all age groups and poses a problem at a global level. The threats posed by social media can be seen on the security, privacy and also on the dignity of an individual.
The paper discusses the influence of social media on the youth and the reasons for the growth of cybercrimes on social media. The paper also discusses the common type of cybercrimes taking place in social media and to analyse the role of law to identify and prevent cybercrime with the use of social media. The paper also recommends some steps to create awareness amongst the youth of the nation about the consequences of cybercrime holistically and efficiently.
Keywords: Cybercrime, social media, law, privacy, dignity, security
by IJLMH | Dec 20, 2020
Live-in relationships are not very common in India especially due to the social taboo that is ingrained with it. However, due to modernization and adoption of western culture is we can see more and more people opting for live-in over marriage. As the cases of live-in increase, so do the issues related to it. So, it becomes important for the courts and the legislature to take up the matter impartial from any traditional social opinion.
The courts have decided that couples living in live-in relationships will be presumed legally married provided it is not a walk-in-walk-out relationship. The law held that live-in relationships are legally valid and the partners enjoy all kinds of rights which the married couple does. For example, the right to maintenance, property rights, etc.
The supreme court in the case of Dhannulal v. Ganeshram (2015), decided that a woman in a live-in relationship would be eligible to inherit the property after the death of her property. Further, it was held in the case of S.P.S. Balasubramanyam v. Suruttayan (1994) that, “if a man and woman are living under the same roof and cohabiting for some years, there will be presumption under section 114 of Indian Evidence Act, 1872, that they live as husband and wife and the children born to them will not be illegitimate.”
It was decided in the case of Revanasiddappa v. Mallikarjun (2011), that the child born out of such a relationship is innocent and is entitled to all the rights and privileges available to children born out of wedlock. This is the crux of section 16(3) of the amended Hindu Marriage Act, 1955. Observing these cases, the topic aims at analyzing the rights which a partner in, as well as the child/children out of a live-in relationship, holds upon the property.
by IJLMH | Dec 17, 2020
Gone are the days where only men were the breadwinners of a family. With opportunities expanding and people moving forward into a contemporary world, gender disparity regarding employment has become a thin line. We are in an era where both men and women work for a living and contribute to their family. Women are now coming forward and stepping into powerful positions and leaving their marks in various industries. However, there are many issues that demotivate women from coming forward. One such major issue is the absence of a healthy and safe working environment. Sexual Harassment at Workplace is a violation of a woman’s fundamental rights under Article 15, 19 and 21. It makes a woman insecure and causes severe mental trauma which in turn makes her quit the job or affects her self-confidence. Women are not sex toys for pleasure or the weak vulnerable section of humankind, but years of the patriarchal system that silenced women have resulted in women being subject to such exploitation.
The modern era has seen a very dynamic and vocal community of women aware of her rights. The film industry is one such industry which has seen such volatile political movements against sexual harassment. The film industry is one of the largest industries in India which contributes greatly to the economy. Through this paper, we aim to analyse the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in the Indian Film industry.
by IJLMH | Dec 17, 2020
The paper starts with a brief insight into TRIPS and the problem concerning the hierarchy that exists in their system of the protection of Geographical Indication. Then, it discusses the history of how Geographical Indication laws came to India, in the form of a Sui generis system. Further, it provides a fair overview of the functioning of such laws in India. Next, it will elucidate the case study of Darjeeling Tea by explaining the various factors that are responsible for giving it a distinctive quality, the reason why they require protection, and the steps taken to provide such protection at both the domestic and international level. After this, I’ll go on to explain the challenges that India faced during the protection or enforcement of Geographical Indication in India as well as foreign jurisdictions through several examples. Lastly, I will provide a comparative analysis of these challenges with a deliberation on the situation in the European Union and show how it, also being a Sui generis system, faces the same issues in protecting their Geographical Indications outside European Union.
by IJLMH | Dec 17, 2020
This Research paper focuses to initiate a discourse on a critical analysis of the recently introduced three Farm Acts in September 2020. In view of a dire need for reforms in the agrarian sector, these three Acts were recently passed with the objective of development of the agrarian sector and welfare of the farmers in India. However, in the event of receiving strong opposition, the fundamental question that arises is whether these reforms will result in the welfare or only add to the misery of the Farmers. The reforms prima facie appear to be beneficial on paper but then what led to the massive protests and such opposition. The paper seeks to analyse the far-reaching implications of these reforms. With due analysis, it can be observed that the recent reforms that look like a blessing might actually be a dilemma in the long run. The primary contention that arises is regarding the fate of the concept of MSP and the existing government-regulated AMPC when the private players enter the agricultural market. The paper seeks to highlight the suggested recommendations to escape the predicament after due analysis of the likely adverse implications of this enactment.
by IJLMH | Dec 17, 2020
Duress as a defence has been a contentious one for decades now. Under section 94 of the Indian Penal Code, murder and offences against the state are exceptions under the defence of duress. This paper discusses the moral and legal standing of such an exception. Certain jurisdictions in Australia have granted the defence of duress in a case of murder contradicting the age-old rationale that no person is allowed to take the life of another. This high moral standard attached to the defence of duress gives rise to the ‘victim-victimizer’ paradox. A person under duress is expected to display the quality of ‘heroism’ by sacrificing his own life to save that of another whereas in every other aspect of criminal law a person is only held to the standard of a ‘reasonable man’. The paper argues that although acquitting the accused under such circumstances may widen the ‘moral-legal’ gap, the defence od duress must be accepted to reduce the crime of murder to culpable homicide.
