Volume II - Issue III / 2019

Disability is a natural phenomenon in the mode of physical, mental, intellectual or sensory impairments. Substantially of disability influence the life activities of a person. It may be occur from birth or during a person's lifetime. This article makes to attempt nature and consequences women with disability" in India and discussed about the convention on the rights of persons with disability (CRPD) Act. The Case laws also cited in the article for clear concept regarding the rights of the disable persons. The finding indicates that even the laws also discriminate with the disable persons. In case of women’s disability in India, Disable women are sexually and physical abused and orphan then the condition is worse

Banking fraud is a critical issue before the Country. But the pace of development for an effective mechanism to fight it is negligible. Banking frauds affect the modern quality of life and imposes a detrimental effect on the national growth. A number of strategies can be developed by both the Reserve Bank of India and Government of India to curb the menace of Banking Frauds. However, these strategies can only be effective if they strengthen the development of a more effective banking system in fact, within the banking system fraud is one of the areas which need immediate urgent attention. Indian Penal Code, 1860 does not recognize Banking Fraud as a separate offence. Different provisions of the Indian Penal Code, 1860 are attracted depending upon the facts of each case of Banking Frauds. This shows that till now, there is no independent legislation to deal with Banking Frauds exclusively and comprehensively. In general, Banking Frauds constitute white collar crime committed by unscrupulous persons smartly taking undue advantage of loopholes existing in the current banking system as well as in procedure. In the absence of independent legislation to address Banking Fraud, the umbrella penal legislation in India i.e. the Indian Penal Code provides diverse provisions to redress this conspicuous issue. It is crystal clear that Banking Fraud is an activity which is a combination of various elements of civil and criminal ingredient, which adversely affect the interest of public, public money and state exchequer. Keeping in view the above stated the paper is an attempt to highlight the law and policy regarding bank fraud. The author will prove scientifically with some cases that there is existing legislative gap which need to be filled. At the end of paper certain suggestions are provided as well.

Mediation is a process in which a neutral third party works with and assists the disputants to negotiate a settlement by helping them communicate , identify their substantive interests , create practical and workable solution that amicably ends the dispute. With ‘Confidentiality’ as its basic feature, whether reporting mediation is congruous or not? And if so, then till what extent? In Ram Janambhoomi case, Honorable Supreme Court directed “mediation proceedings should be conducted with utmost proceedings confidentiality so as to ensure its success which can only be safeguarded by directing that proceedings of mediation and the views expressed therein by any of the parties, including the mediators, shall be kept confidential and not revealed to any other person”. Aware of the likely intense media focus on the mediation process, and conscious that wide coverage of views expressed could inflame emotions detrimental to an amicable solution, there ought not to be any reporting of the said proceedings in print or in electronic media. The Court further directed that it empowers the mediators to pass necessary orders in writing, if so required, to restrain publication of details of mediation proceedings. The Confidentiality rule will be helpful as none would want the atmosphere to be vitiated by pre-mature disclosure when the country is in election mode. Thus, Confidentiality extends to all aspects of mediation, including the views expressed therein, the discussions, suggestions and options that emerge. It covers the existence and contents of the mediation agreement. The only exceptions to this are where all the parties give permission for such disclosure or where it is required by law. Infact, the mediator should not even divulge to anyone that mediation is taking place between the disputing parties.

India has become a serious victim of heinous crime of acid attack, especially on women, in last decade. Acid attack is brutal crime committed with an intension to maim, disfigure and kill the victim. Acid attack is a serious threat to the dignity and existence of an individual. The Constitution of India guarantees, fundamental rights to its citizen. It safeguards their existence. It gives rights to its citizen - Right to be free, live free, express freely, move freely, Right to raise voice against discriminations based on gender, racial, sex, caste or creed. The Constitution of India denies any type of discriminations. But heinous crime of acid attack is a gender based discrimination and violence committed especially against women. According to the National Commission of India acid attack is “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of the body of such person”. Refusal to marriage proposal, rejection of romance, and dispute of property, anger and gender discrimination are root cause which motivates the perpetrators to commit such heinous crime. Today, we daily come across the headlines of acid attack on young women and it is increasing day by day. The perpetrators are using this acid as crime weapon which are easily available in the market. It is cheap and readily available in the market. The retailers never maintain any record of the sale of acids due to which it has become an idle weapon for crime. The most common types of acid used in these attacks are Sulphuric and Nitric acid. Hydrochloric acid is sometimes used, but is much less damaging. Aqueous solutions of strong material such as caustic soda (sodium hydroxide) are used as well particularly in areas where strong acid are controlled substance. Acid attack rarely kills but it causes several type of physical, psychological and social scarring. It leaves the victim in trauma. It is not just a physical attack but it is an assault to the dignity and self-respect of an individual. The criminal law (Amendment) act 2013 and the guideline of Apex Court of India, the regulation for acid attack has become stricter, despite of that there is 300% increase in total number of acid attack in 2014. Our legal, medical and political systems have proved to be very weak and obsolete to fight for the victims of acid attack. This paper deals with the scars that acid attack leaves on victim – physically, psychologically, socially and economically. The subsequent paragraphs will examine the contemporary laws governing acid attack.

Disability is a complex social issue and it is increasingly becoming a major concern all over the world. The number of disabled people is increasing across the world due to various reasons. Disabled people comprise a significant minority in most countries and their number also constitutes one of the largest minorities in the world. Among countries with comparable levels of income, India has one of the more progressive disability policy frameworks. This paper focuses on state-level variations in outcomes for women with disabilities to provide an explanation for the contrast between the liberal laws on paper and the challenges faced by women with disabilities in practice. In this research paper the researcher want to give much emphasis on the various legal provisions and Laws available in our country and make a systematic study on how these laws have contributed towards the development of legal status of the disabled persons in India. They faced direct and indirect discrimination and were not able to enjoy the full spectrum of civil, political, social, cultural and economic rights. Whatever the perception of the society towards the women with disabilities may be, it has to be fundamentally accepted that disabled people are integral part of our society. Therefore to incorporate provisions regarding accessibility in legislations and to execute them is the need of the hour, including the removal of discriminatory provisions that are still prevalent in some legislation. However, laws and policies alone may not be enough. Public perception, attitude and awareness have significant role to play. There is a need for social change through public awareness. There should be endeavor for attitudinal changes in the sense of bringing a culture of belonging. The public in general may be empowered and educated to take action and advocate the human rights and fundamental freedoms of women with disabilities.

The attempted project of ethnic cleansing of the Rohingyas in August 2017 is regarded as one of the worst cases of genocide in recent history. With history dating back to 11,000 BC, the ethnically divergent nation Myanmar, has come to witness rampant violence and routine discrimination of the vulnerable Rohingyas, a Muslim minority of the Rakhine State at the hands of the Buddhist majority. It has led to devastating consequences for them in the form of communal violence, deprivation of natural rights, racial discrimination, disenfranchisement, denial of citizenship, extermination of social, economic and political environment for the community and what not. This paper endeavors to analyze the ongoing crisis and comprehend the reasons behind their acute sufferings. Beginning with their historical origin, it goes on to explain how the community has been deprived of citizenship for so long, construing them to be illegal migrants from Bengal. It then gives a detailed study, thus proving the above hypothesis to be wrong and provides a critical examination of the Citizenship laws of Myanmar which are discriminatory in nature. Further, even if the Rohingyas are construed as illegal migrants, then also, denying them the basic rights such as access to health services, education and legal protection cannot be justified because it is a blatant violation of numerous International Conventions and agreements. Explaining the stateless and the refugee situation of the Rohingyas, the paper emphasizes on the principle of Non-Refoulement and the obligations of other neighboring countries. It finally sums up the above conditions into one major conclusion of genocide and ethnic cleansing, the ultimate crimes against humanity.

The world today is a globalised world contrary to the world few years back. This leads to implementation of international law. The international law, today, is full of dissension. International law is derived majorly from customary law. Customs are unwritten sources of law. They have two main elements: opinion juris and state practice. This paper discusses the roleof domestic courts in determining customary international law. The Indian Judiciary and the Indian Constitution follow the customary law knowing its importance.The research paper begins with explaining the definition and core elements of customary law. Customary law is superior to treaty laws when there are no conventions based on treaty law. Life is changing at a rapid speed and customary law is taking the place of treaties. Customary law in 21st century is diverse. Even the drafters of international law had no clear idea before they framed it. This is the reason customs have become a major source of international law. The Indian Constitution moves in lines with the International Law. The International Law helps to safeguard the human rights. Also, theUniversal Declaration of Human Rights, Vishakha Guidelines and the Vienna Convention on Law of Treaties revolve around the customary law. The paper is going to explore the notion of domestic application of international customary rules and important prerequisites for their application: domestic validity of a customary rule and its status with respect to other domestic norms. The paper will also discuss various cases of India where domestic courts applied international customary rules.

Almost all the offences in the Indian Penal Code have been carefully defined so that they include the precise evil intent which is the essence of that particular offence. Different words which have been used in the IPC to denote mens rea are voluntarily', 'Corruptly', 'knowingly', 'dishonestly', ‘Wantonly’ or 'fraudulently' or the like. By using these words, the Indian Penal Code gives effect to the doctrine of mens rea. One of the terms used to denote mens rea used in IPC is “reason to believe” which has been defined in section 26 of the IPC as “A person is said to have reason to believe a thing, if he has sufficient cause to believe that thing but not otherwise.” This paper tries to analyse the term “reason to believe” and draws a comparison with mens rea with the help of the decided cases.

Since ages, Human trafficking has been prevalent in the society. It is a curse for the whole country that leads to unending sufferings which not only lower the physical strength but also feeble the mental status of a person. Growth and development are the words which are unknown to their world. They have to suffer discrimination and humiliation to a large extent. It is a serious contemporary social justice and human rights issue. A recent U.S. government report estimated that as many as 27 million persons around the world are victims of human trafficking. It is highly important to protect their basic human rights and provide them with such environment that paves way for their consistent growth and protect them from atrocities of the world. In the current scenario, though there are various laws and government policies working towards the betterment of such people yet there are various hurdles in the path. Therefore, there is a need to generate a better understanding of an issue like this in order to provide for a status to all the victims of human trafficking in the country and to promote their growth and development. The paper discusses the manifold difficulties faced by the victims of trafficking in India while many of whom face intimidation, shame, difficulty in prosecution, high likelihood of re-victimization in their own country. The paper ultimately concludes that broader, victim-based initiatives are necessary both to assist victims and to provide a firm basis for the future trafficking prosecutions. Thus it aims to analyze the status of human trafficking laws in India and the issues and challenges faced by the victims in the country.

Drug Abuse is the concept of consuming a said drug which is legal or illegal in nature in a systematic way that is inconsistent in accordance with the medical practices. The authors have clearly analyzed the notion of drug abuse with the basic ideas about the Drug and its types, and how the use of these drugs affect the human body. People consume these sporadic drugs thinking that it would be fun and also relieves stress but they leave the other part of the usage which will eventually have a very strong ill impact in human beings. The authors have also discussed the drug abuse which is been happening in India and have compared it to the foreign countries. Further, the legal aspects of Drug Abuse in India with that of foreign countries has been conceptualized. The authors have concluded that the prevention of illegal drugs and addiction lies only on prohibiting the same and not just spreading news explaining its ill effects. Addiction reduces only when the country adheres to its harsh drug laws.

It is a well-known phenomenon that endless powers in the hand of an individual or a group of individuals, implies, in general, misuse of that power over others. The assembly or building of any democratic government is based on its three organs i.e., the legislature, the executive and the judiciary. Undoubtedly, the three branches are of great significance. Separation of power ensures the prevention of the autocracy. ‘Legislature’ is a term used for representation of elected representatives, whose primary function is to make law. ‘Executive’ is responsible forexecuting and implementing laws. ‘Judiciary’ primary focus is on ensuring that laws are compiled in accordance to the requirement. All three of these have their own separate, distinct powers and needs to work in their own sphere to prevent trespass into other. However, at the same time, the power is not absolute in nature. The framers of the constitution preferred it not to be rigid, rather adaptable to different circumstances.

Developing economy like India has always embraced the ideas of evolution in its possible sphere. At the same time stringent provision one require to watchdog the development. As in the case of insolvency and bankruptcy laws, previously there were various provisions of law for the insolvency resolution for the different entities but to consolidate all the provisions under the common legislation this Insolvency and Bankruptcy Code, 2016 was introduced.A debtor becomes insolvent when he is unable to fulfill his obligations which he had promised to his creditors or unable to pay his outstanding debts. And Bankruptcy is a condition when the adjudicatory authority declare the debtor who unable to pay his debts, an insolvent person. This entrepreneur friendly legal regime was introduced by the government to give reality to the dream of getting India to one step closure to become developed nation and to increase the ease of doing business. This law was introduced to protect and grant the relief to the innocent debtor who is not in a condition to pay his dues due to any unforeseen situations and also protect the interest of creditors who gave debt to the debtor in a hope that they will get their money back at some point of time as decided between debtor and creditor. This law provides the process of insolvency resolution of corporate body, partnership firm, individual, sole proprietorship etc. Under corporate insolvency resolution process there are three types of person are defined who can file application for the initiation of insolvency resolution process, these person are known as corporate debtor, operational creditor and financial creditor. One of the merit of this law is that it provides speedy resolution of insolvency within a span of 180 days.

"The situation of women is that she-- a free and autonomous being like all women creatures--- nevertheless finds herself living in a world, where men compel her to assume the status of the other" -Simon de Beauvoir A woman is a social animal and keeping her in captivity, without access to work or finance or interaction with the world is less than fair. Women's dependence on men from the ancient time is an acknowledged fact that creates a perpetual state of low esteem and poses a great barrier in venturing from the prescribed private spheres into the area of public participation or to have general access and witness to the development happening around her. It can also be understood that women undergo a lot of pressure concerning economic matters. A woman's status in society cannot be studied in isolation as she constitutes a member of the smallest social unit- family. As a rhythm, she is a creature of birth, maturity, decay, and demise as anyone else, and on occasion, she too needs special attention, care, encouragement, consolation. As a woman does she gets all these things? Its a fact that most women live a cocoon-like existence in the family, they are rarely given any opportunities. According to the evidence available from various studies at the regional and global level, it was found that most of the women have access only to the informal sector of the jobs. Women entrepreneurship has been recognized as an important source of economic growth. The contribution of women and their role in the family as well as in the economic development and social transformation are pivotal. Empowering women entrepreneurs is essential for achieving the goals of sustainable development and the bottlenecks hindering them must be eradicated to entitle full participation in the business

India is a country where customs and traditions have played an important and crucial role in society. Marriage is one of the divine social institution in society but in last few decades it has undergone monumental changes. Dowry was one of the practices prevailing in Indian Society which was earlier treated as blessing. However it took monstrous form and became a curse for the society and as a result women fell prey to the darkest side of it. Gradually, it became a reason for the harassment and cruelty to women. Endeavour should always be made to sustain the sanctity of marriage as a divine institution, but what has been widely recognized is the violence against women as one of the most pervasive forms of human rights abuse. Therefore, for the protection of women, Section 498A was brought under Indian Penal Code, 1860 by the Act 46 of 1983. However in recent years, it has been observed that women misuse Section 498A of Indian Penal Code for their own personal benefits. This Section has created snag in current state of affairs for men as they are being discriminated. There is a desire of amendment in Section 498A of IPC and a need for bringing up some changes in society so as to remove the curse of misusing the legal provision against men. In many instances, due to the harassment by wives to approach the Police or Court for no reason, men have committed suicide. This research paper tries to analyze the concept of the cruelty against women and also tries to make it evident that there is a misuse of Section 498A of Indian Penal Code, 1860.

The paper will deal in discuss the role of Narsimhan Committee which has targeted several issues ranging from directed phase credit from improvising agricultural sector to developing banking sector by setting statutory limits of reserves, the committee has placed an important role to improve efficiency, productivity and profitability.The committee has further laid down the foundation for IBC code as the committee lays down its focus on bad loans and stressed assets because of which the creditors market became distressed as there was no proper mechanism of recovery of debts. The paper will discuss that how effectively the committee has been able to solve the issue and how it has acted as an backbone for future reforms.

Marital rape is socially accepted crime in India. Marriage is a legal license to husband for having sexual intercourse with his wife even without her consent. In this article author is focusing on the incompetency of law rather than the social approval. In constitution of India Article 21 provides citizens to live a life with dignity. But in cases of marital rapes, dignity of a woman is always harmed. When we are considering consent as a key element in cases of rapes, then why are we ignoring it in case of a married woman. Under this contention author questions the constitutional status of our legal system. Marital rape is expressly denied in Indian Penal Code. As the exception 2 of Section 375 expressly says wives are exception to rape. Does that mean we are providing a husband privilege of raping his wife or providing him safeguard against such an inhumane conduct? Under this section author is questioning the ability of law and the hypocrisy is when it is accepting the marital rape in case of seprated husband and wife but not in the case of husband and wife living together. Above position of law is prima facie vague and in dire need of changes. Also the law commission have given reckless explanations and vague grounds for not criminalizing marital rape. The article is discussing these law commission reports extensively. Also the safeguard present in the current legal system for marital rapes are not adequate and need a reform. Lastly the article provides the recommendations for betterment of law and current situation.

Gender is an important factor in all aspect of one’s life. Biologically gender is divided in to two categories male and female. All persons have gender identity which refers to the person’s internal sence of being a male or a female. Transgender or better known as the third gender are people who are different from stereotypes men and women in terms of personality, appearance or behaviour. The term transgender have several meaning the most common is an umbrella term to describe anyone who does not follow the strict rules of society in terms of gender. The transgender community in India highly represented by the Hijras and Kothis. In this research paper the researchers try to show the real picture of the transgender in India and how they get recognition in Indian law

With the rising crimes around the world, we have observed that the victims of the crime not only go through physical abuse but have a traumatized mental image to survive with. The victims of the crimes are mostly observed as children and the surviving victims have a lifelong mental impact in their lives. The abuse children go through is beyond our imagination and it also affects their life choices. Even child trafficking for child labour and sexual exploitation not only violates their fundamental rights but also cause a major mental health problem. The physical abuse can be healed by time but the constant mental image of the crime survives and is not something many people focuses on. These abuses cause a lot of change in personality and thinking capability of the victims

Indian legal system as modelled on the basis of common law system, meaning judge made precedent oriented law, was not a sudden outcome of a prevailing circumstance, rather the land had went through numerous socio-political and cultural influence thereby becoming a melting pot of varieties. It is as an outcome of these interactions that, the legal system developed. Needless to mention, colonial imperialistic British Rule had dealt a death knell to the indigenous quintessence of the land, had modified under the garb of codification the lex loci of the subcontinent. As a consequence thereof, a situation of deadlock prevailed between the initial laws and the British legal system as administered by the English East India Company.