Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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Mob Lynching: Socio-legal Morality
Get PDFNow a day’s mob lynching is becoming huge problem in our society, ‘social clashes and intolerance are the triggers to fire,’ ‘bullet of such lynching.’ In this research paper backdrop and categories of mob lynching discussed along with its effect and statutory provisions in India. Reasons, suggestions and solutions are the main focus of this research paper
Concept of Dangerous Drug and Legal Liability: An Analytical Study
Get PDFThe concept of a "dangerous drug" refers to any substance that poses a significant risk to public health, safety, and welfare due to its potential for abuse, addiction, or harmful side effects. This paper examines the various definitions and classifications of dangerous drugs under international and national laws, exploring the implications for legal liability across different jurisdictions. Legal liability related to dangerous drugs encompasses both criminal and civil responsibilities for individuals and entities involved in their manufacture, distribution, prescription, and consumption. Key legal frameworks, such as the Controlled Substances Act in the United States and the Misuse of Drugs Act in the United Kingdom, highlight the legal obligations and potential penalties for violations. The paper also analyzes recent case law and regulatory changes, emphasizing the evolving nature of liability as public health priorities and societal attitudes towards certain drugs change. By exploring the interplay between legal definitions, enforcement practices, and public policy, this paper aims to provide a comprehensive understanding of the legal landscape surrounding dangerous drugs and their associated liabilities
Domestic Violence in India: An Analytical Study
Get PDFDomestic violence at home is a gender-based violence, intending on subordinating women. The global dimensions of domestic violence are of great concern, both in terms of their scope and extent. Section 498A of Indian Panel Code was introduced in the year 1983 to protect married women from being exposed to cruelty by the husband or his relatives. In the l980s the worm and movements in India foregrounded the issue of violence against women with a special emphasis on dowry related violence suffered by married women. Under the provisions of criminal law, while the perpetrator of domestic violence could be prosecuted and punished, women\u27s need for shelter, maintenance, custody of children and compensation remained unaddressed. The issue of “domestic violence” must not necessarily remain domestic. The notion of domestic violence must be taken out from the “private sphere” and politicized
A Socio-Legal Study Of Reservation in India With Special Reference To Human Rights
Get PDFReservation as a concept is very wide. Different people understand reservation to mean different things. One view of reservation as a generic concept is that reservation is an anti-poverty measure. There is a different view which says that reservations are merely providing a right of access and that it is not a right to redressal.1 In Constitution of India it states that Article 15 (which prohibits discrimination on the basis of religion, race, caste, sex, place of birth) and article 16 (equality of opportunity) to insert new clauses that allow the government to make “special provision for the advancement of any economically weaker sections of citizen” other than SC/STs and OBCs. In the international human rights context, the State may modify their obligations under international human rights treaties by entering reservations. Reservations are a particularly technical area of international law, but the study of this rather dry in the context of international human rights law is enlightening. According to the Vienna Convention on the Law of Treaties VCLT, reservation is “a unilateral statement… made by a state, when signing, ratifying, accepting, approving or acceding to a treaty, where, it purports to exclude or modify the legal effect of certain provisions of the treaty. The aim of a reservation is to limit a state‟s obligations under a particular treaty. International Law is not formalistic „general political statement‟ or a „declaration of interpretation‟. States have availed themselves broadly of the possibility of reservations, both quantitatively and qualitatively. There is no doubt that the reservation is problematic for international human rights law. Human rights are clearly more of a „package‟ that most international normative instrument. Reservations also create problems legal certainty, making it difficult for individuals to ascertain the exact scope of the rights they have been guaranteed. In fact, international human rights law has also evolved specific notions of what reservations are permissible, who may decide on their permissibility, and what consequences flow from reservations
Liability of Internet Service Providers Across Various Countries: An Overview
Get PDFThe role of I.S.P. or Intermediary is very important for effective utilization of information technology. The liability of Intermediary or I.S.P. has gain immense importance at international level. Various countries have defined the liability of I.S.P. either in the form of copyright infringement or for the infringement of information technology. Australia was the first country to enact the legislation relating to the liability aspect of I.S.P. in the form of Copyright Act, 1968 making I.S.P. liable to disable the access to online services hosted outside Australia. Some safe harbors were also provided for I.S.P. as part of the Australia - United States Free Trade Agreement. The US provides for the liability of ISP in the form of Communications Decency Act, 1996, Digital Millennium Copyright Act,1998. Title II of the D.M.C.A. specifically deals with the issue of I.S.P. liability and also provides for the penalties for unauthorized access to a copyright work. As regarding the legislations of Canada, it does not specifically defines the liability of I.S.P., instead it provides safe harbor for those ISP’s providing any means for Internet access. I.S.P.’s are also protected for copyright infringement in Canada. In Singapore the liability of I.S.P. is regulated by the Internet class license and Internet code of Practice which requires the I.S.P. to abide by the conditions of license. I.S.P.’s are also restricted to make public access of those websites which contain offensive content harmful to national interest. Japan’s Copyright Act, 1970, The Provider Liability Limitation Law 2002 protects the I.S.P. against any kind of liability for Copyright infringement. UK enacted two legislations in form of Copyright, Designs and Patents Act 1988 Digital Economy Act 2010 which imposes the obligations on ISP to notify the infringement to its subscribers, also liable to take technical measures to terminate the Internet services after reporting of infringement. The countries also make the provisions for the penalties for offences relating to the infringement of copyright or unauthorized access of information by various I.S.P.’s or Intermediaries. The quantum of punishment is differed in every country according to the nature of offence
Rights of Women: A Historical Perspective
Get PDFSince Mary Wollstonecraft’s seminal work - A Vindication of the Rights of Women (1792), there has been almost centuries of the evolution of the rights of women. The world has witnessed social, economic and legislative reforms around these rights. They are asserting their right to shape their life from within and not to have it shaped for them. Fortunately, the philosophy that a woman being equal is well recognized widely understood and also practically accepted. Still, there exists lack of knowledge how women gained the existing rights. Large number of concerns about the women’s evolving personality and incidental claims are being countered at various levels. More participation of women themselves along with various activists is bringing transformation in this area. Some of the issues have indeed been settled, others not yet. The historical development of their rights is the main focus of this work. The core of the paper may be summed up in the words of Vance Thomson in Woman (1917) – “Whether you like it or not Woman is the Paladin, enormous and strong, of the ideals of tomorrow. She is the future; she is the future home; she is the future state – for she is in the majority both in numbers and in common sense and she has withal a kind of civic integrity, which may be unscrupulous, but which makes nevertheless for victory.
LGBT’s as Special Groups Seeking Asylum Rights (Asylum, gender, sexual orientation, persecution, legislations)
Get PDFThe Universal Declaration of Human Rights enshrines the right of all persons to seek and enjoy asylum. Refugees are individuals who have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group. The United Nations High Commissioner for Refugees (UNHCR), as well as some countries of asylum, have recognized that lesbian, gay, bisexual and transgender (LGBT) and intersex individuals may qualify as “members of a particular social group”, which is an imperative factor in refugee status determination. The identification crisis and their attribution of self determination often lead to compounded issues of abuse and the reasons of flight. However, what is important is that their individuality is rightly identified and respecte
Man On The Market- Human Trafficking
Get PDFHuman Trafficking is a multifaceted issue and is considered as one of the most serious crimes in the 21st century. It has truly become a worldwide danger to vulnerable men, women, and children across the globe. Despite having various laws and regulations both in national and international level human trafficking is still prevailing and is a tragic reality. The menace of human trafficking has been considered as a grave violation of human rights in the present day scenario. Trafficking in human beings, especially children and women, is a form of modern day slavery and requires a comprehensive, multi-sectored approach in order to address the complex dimension of the issue. It is a problem that violates the rights and dignity of the victims who are lured into this web, to which there is no way out.Human beings are being treated as a mere commodity and price tags are attached to their dignity. They are being sold in the market like any other commodities. They are abducted and exploited and often referred to as silent slaves. The governments and the Ngo’s can play a pivotal role in preventing the menace of human trafficking by implementing various policies and programs for the rescued victims and also generating awareness programs for the people in remote areas so that they do not fall prey into the web of human trafficking. Therefore, there is an urgent need to look into this problem.  
Protection of Children Juvenile Justice System in India: A Review
Get PDF“A Critical and Comprehensive Study of Children under Juvenile Justice Act.” Juvenile Justice System is most unique and enlightened structure grasped by the world citizenry with all round improvement of kids. The prime focus is to change the ruffians and offer thought to the unprotected kids. To the degree practicable, a youngster to be rehabilitee and restored to the family. The article assessed the Juvenile Justice System in India in the light of guaranteed considering and International parameters. Distinctive adults today have this inside and out Aristotelian beginning of pre-adulthood without having truly investigated any of Aristotle. It shows their perception of their own relationship toward the adolescents around them. In this manner they consider the fundamental obligation they bear toward their teenagers to be the promise to give the kind of enduring condition those adolescents need to layout into customary adults, with the ordinary and mental structures set up anticipated that would play out the limits we perceive that average, standard adults can perform According to what we have called the “Aristotelian start”, youth is an on an essential dimension stand out state. On such a point of view, the estimation of what a tyke produces can\u27t be required to be extraordinary in it, not withstanding, critical for helping the tyke to shape into a sensible adult. Possibly some youth craftsmanship is a counter guide to this yearning. Plainly, one could fight that grown-ups, who, as youngsters, were urged to pass on workmanship, and what\u27s more make music and outperform wants at redirections, will in all probability be succeeding grown-ups than the general population who are not requested to give such “outlets” to their significance and inventiveness., what occurs in youth dominatingly impacts our perspective of absolute lives through the impacts that pubescence achievement or disappointment should have on grown-ups people
Access & Benefit Sharing Provisions Under Biodiversity Conservation Law in Australia & Its Implications for India
Get PDFAustralia played a major role in the developing ABS framework under biodiversity conservation law. Australia is a megadiverse country with complex ABS experience and possessed huge support from the biodiversity stakeholders. Australia has adopted the regulations regarding access benefit sharing under article 15 of CBD, 1992. The Australian legislation is in compliance with PIC and MAT. The agreement reaffirms faith in CBD, 1992, Bonn Guidelines, 2001 and Nagoya Protocol, 2009. The government system of Australia is a constitutional federation which is made up of six sovereign governments, two autonomous territories, and a national government. It has a ‘common law’ system adopted from Britain. Australia’s experience is extensive with ABS to draw lessons about developing an effective institutional mechanism for public and private sector with equitable benefit sharing in scientific and commercial access. The access and benefit sharing provisions under biodiversity conservation law in Australia have potential impact to design its national laws and policies for India by synergizing environmental law and intellectual property rights in a sustainable framework