Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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A Critical Study of Rights of Males With Special Reference To Human Rights In India
Get PDFOn global note, humans can survive easily but due to offensive state of minds people get exploit at various whereabouts. There are so many provisions, regulations and guidelines in support of human life but on some part people lack harmonious environs and vicinity which somewhere leads to stress, assault, exploitation or harassments. As India is a male dominating country, here when we talk about assault, exploitation or harassments, most of the brains struck on assault, exploitation or harassments of females only. Nobody thinks of a man getting humiliated, assaulted, exploited or harassed as they are considered to be muscular, strong and emotionless. But on a wider note we can say that both males and females get exploited or harassed. But unfortunately India have legislation for females only and not for males. Due to the supremacy of males, making law of harassment or exploitation for males is considered to be an act of low nobility for them. According to the author Robert Chinsky Matuson – “Many people mistakenly believe that harassment is limited to females”. Because of no law or legislation, so many males suffer, get exploited, assaulted or harassed silently. Many times men due to this atmosphere, dominated vibes and fake androcentrism are not able to take stand for themselves
Effect of Abrogation of Article 370 on Right to Education in Jammu and Kashmir
Get PDFIndia gained independence more than 70 years ago however, in terms of education in true color and spirit it recognized the right at a rather late stage, in terms of Erstwhile state of Jammu and Kashmir, the same remained elusive, for many more years. With the abrogation of article 370, a new hope has arisen in the sphere of education; this paper attempts a brief look and makes an attempt to understand the same
Legal Provisions Regarding Conversion Of Agricultural Land To Non-Agricultural Land
Get PDFAgriculture Land is to be used for Non-agriculture purpose – Anything can work for the betterment of agriculture; this does not require the approval of the Collector – If a residential house is built on agricultural land but no farming is done, that house cannot be considered as a farmhouse – No Objection Certificate – it is not necessary to get NA permission for personal residence or agricultural development in rural areas – “Bona Fide industrial purpose” – The third party has no right to object to the non-cultivation permission procedure – “Tatkal Binkheti Yojana” (Immediate Non-agriculture Scheme) – Procedure – Checklist – Conditions to be fulfill for obtaining Non-agriculture permission – Landmark Judgments
Status of Surrogacy in India: A Critical Study
Get PDFMarriage is a social institution. Couples may have their own children via procreation, in the standard course of nature. Unfortunately, infertile couples are unable to have children. The infertility may be either medical or social. There is an underlying urge in every human being to produce biological descendants who will carry on their lineage in society. Although, a barren couple has the task of learning to cope with their lack of children both internally and externally. As a result, they believe they must turn to artificial insemination, in vitro fertilization, test-tube babies, as well as surrogacy, amongst other methods, in order to ensure their survival in society. These methods brighten their eyes and satisfy their yearning for genetically identical offspring. These advancements have aided infertile couples and adults in overcoming reproduction difficulties caused by infertility, such as medical reasons, the loss of a spouse, being separated, homosexual couples, or gay couples, among other things. Through this paper, I would like to enlighten on surrogacy. Here we would discuss various aspects like meaning, method, types, socio-legal, ethical issues, and various reproductive techniques. In modern age surrogacy is very popular in the whole world. Therefore, surrogacy is a highly sensitive and delicate issue. Indeed, it is high time to enact a law to regulate surrogacy in India. The present paper is totally based on secondary sources of data such as legal journals, books, magazines, newspapers and websites sources etc
Problems and Rights of Senior Citizens in India
Get PDFAging is an inevitable part of life and brings its own set of problems and challenges which may not be unique to the senior citizens but affect their life the most. In the Indian society, the family members used to be responsible for taking care of the senior citizens of the family and to help them get over the wide range of problems that they may face, ranging from psychological to physical ailments. But today’s changing family structure and the prevalence of nuclear families have exposed the elderly members of the family to physical, psychological and financial insecurity. Subsequently many laws have also been enacted and rights have been provided in order to protect the senior citizens from any possible harm that may be inflicted on them by their family members or otherwise. This study paper provides insights into the problems faced by senior citizens and their rights
Legal Provisions Regarding Registration of Credit Co-Operative Societies In Current Situation
Get PDFCo-operation is just one aspect of a broader activity that encourages voluntary associations of people with similar needs - co-operative activity is started, no work is possible without the co-operative principles - seven principles of co-operation - The main objective of the co-operative activity is to help the middle class people - registrar may register or refuse to register such society - Which societies can be registered? - The conditions for registration of a co-operative society depend on the type of society to be registered - When to Refuse Registration? - The Registrar keeps the registration form of all the congregations registered under the Act in the prescribed form – Certificate of registration signed by the Registrar is conclusive proof that the registration of the congregation has been done properly - Conclusion
A Study of Judicial Responses relating to Human Rights in India
Get PDFIndia is one of the largest democratic & sovereign countries in the world in which the Indian judiciary is also the integral foundation & structural pillar along with its unification & independency in the democratic system. Indian judiciary has the responsibility to deliver the fair & satisfactory justice to the people concerned in according to the provisions of Constitution of India as a protector of human rights which have been guaranteed as justiciable fundamental rights under Indian Constitutional Law by way of judicial responses but the Indian judiciary & judicial responses are subject to the exception and criticisms because both the same create the deepest effects & consequences on person individual & our society in the presence of rule of law for the purposes of the largest interest of public peace & fulfillment of the long cherished dream of welfare state with a view to accomplish the spirit of Constitutional Law of India and intention of the legislators. The responsibility for the enforcement of fundamental rights as human rights has only been furnished to the highest Court of India (Supreme Court under article-32) & High Courts in States (under article-226) of the Constitution of India. The People of our society repose the exclusive believe on the judiciary but the same is not free from the exclusions & exceptions it is absolutely relevant to place over here that delayed justice denied justice it has rightly said therefore due these reasons, in today’s scenario, in the world of globalization, people somewhere are losing their confidence and credibility because of the disadvantages exclusions & exceptions with the inclusion of other connected things which are not the good results for us, society, nation & the world. Corollary with regard to this, in according to the need of hour, the judicial accountability has not only become essential but also compulsory & mandatory in order to the answerability towards the paramount of transparent democracy under the Constitution of India where any person, society or system can never be free from the exceptions in the interest & welfare of world human, living creatures & creation
Jurisdiction Issue in Cyberspace and International Principals
Get PDFThis paper tried to emphasis on the most crucial issue in cybercrime, which is jurisdiction. Exponential growth of cybercrime is a big problem for any developed or developing nation these days but the most problematic area is there jurisdiction. This research paper is an ex-post facto research and based on various theories and judgments take in international platform related to jurisdictional Issue. Recently in the case of Kulbhushan Jadhav, this issue was raised in international corridor that weather Pakistan got jurisdiction to heard and decide this case or not. In this case International court of justice hold the decision of the Pakistan Supreme Court. This paper is not concern about Kulbhushan case but only focusing on the fundamentals which work behind the jurisdictional issues in cyberspace. This paper is the attempt of an outcome to gauge the scope of state and international Jurisdiction in cyber space
Evolution and Development of Industrial Jurisprudence in India
Get PDFIndustrial jurisprudence is an ideology to study the perspective and perception of those legislators who give the shape to be a labour legislation for governing the relation of workmen and employers. It is correctly said by Mahatma Ganghi that industry is the joint venture of workmen and employers. In the Hospital Mazdoor Sabha1 case the triple test theory introduced and it was reiterated and set up in the case of Banglore Water Supply2. In both cases the cooperation of workmen is made essential part to be any industry. The industrial jurisprudence provides the thinking to make the labour laws accordingly. When the laissez faire theory wiped out and placed the welfare state, workers has become the integral part of any industry. With this view the state made the labour legislation for governing the relation of workmen and employers. It has been felt by most of the country of world that there must be apply tripartism; it means state will interfere with the labour regulations to settle the both relations. For this purpose state made the various laws, which are existed. In June 1998the International Conference proposed the fundamental labour policy for the World. Certain points of hose policy are existed in Indian labour jurisprudence. First, freedom of association, second, right to collective bargaining, third, elimination of all forms of forced or compulsory labour, fourth abolition of child labour and fifth, elimination of discrimination in respect of employment and occupation. Industrial jurisprudence is more dynamic for industrial governance. With this ideology, the State utilizes the modus operandi accordance with the need of regulation for harmonious relation between employers and employees. When the Constitution of India commenced the concept of social justice gave the pace to the welfare labour legislation. The outcome of concept, the social assurance and social assistance are also prevalent with the ideology of social justice. It is the spirit of the Constitution. Now, it is being expected that there will be dynamic change in industrial jurisprudence by introducing the new economic policy for the upliftment of industry as well as labours. It not need to be panic the new exit policy will destroy the fundamental rights of the workers
A Socio-Legal Study of Human Rights of Senior Citizens in India
Get PDFHuman is the best creation of God above all other creations and without having proper laws or human rights, it is impossible for humans to live on this Earth. Senior citizens are also the part of our human society but inspite of so many laws and human rights they still gets exploit in one or the other way sometimes by their children or by their grandchildren or at public places or any other local places. Why it is so happening? Why they are being treated on a bad note as burden on our society? Senior citizens also have right to equality and personal liberty like other human beings but according to some minds in Indian society, the disrespect, the loneliness or the depression they faced are all the normal and general problems faced by them in this age-group. But in true it is not like that. They are those problems which are given to them by the society and not by the nature