Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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The Principles And Rationale For Determining The Creamy Layer For The Other Backward Classes In India
Get PDFThe exemption of the creamy layer from quota benefits is a constitutional obligation that must be adhered to by the government. “The Mandal Committee was founded by former Prime Minister Morarji Desai’s administration with the remit to “recognize the socially or educationally disadvantaged.” It was chaired by legislator Bindheshwari Prasad Mandal and was charged with examining the issue of seat reservations and quotas for people to remedy caste prejudice. The commission\u27s report affirmed the affirmative action practice established under Indian law, under which members of lower castes (referred to as “Other Backward Classes” and “Scheduled Castes and Tribes”) were granted preferential access to a certain percentage of public service jobs and admission to state colleges, and suggested raising these quotas by twenty seven to forty nine point five percent, but leaving the creamy layer out of the review of reservations would be contradictory to deny the legitimacy of the “creamy layer” concept in other domains of application after its validity has been established in the provision of the constitution as well as many judicial decisions. As a result, putting the appeal of this principle to the test becomes crucial
Citizenship (Amendment) Act, 2019 and Refugees in India
Get PDFCitizenship is a privilege as it brings many rights and provides protection from the government. But refugees being out of their countries becomes like stateless people. The CAA, 2019, is a law enforced to give citizenship to refugees living in India but it has been opposed and criticized on several grounds. The law is a good step toward the recognition of refugees. The law gives citizenship to refugees who will give them an identity in the country as being a non-citizen make their lives poor and also becomes a hindrance to the enjoyment of basic rights
Impact of Public Opinion on India’s Criminal Justice System
Get PDFIn this research paper, the meaning and definition of public opinion are discussed and how it affects the entire criminal justice system of India. Various factors are discussed which give a detailed idea of how public opinion influences police investigations and then court decisions. This research paper has also discussed the role of media in molding public opinion. There is a need to reorganize the criminal justice system so as to inspire public confidence by treating all fairly and providing a systematically high standard of service to victims and witnesses, and to provide more justice through a modern and efficient justice system in compliance with the rule of law. The criminal justice system should focus more on actual evidence and witnesses and less on public opinion when delivering justice. Only by ensuring equal justice for everyone, we can assure peace for all
A Study On The Rehabilitation Of Children In Dispute With The Law In India
Get PDFThe world’s largest population of children resides in India. The Indian Constitution protects all children in the country have basic rights, and the administration is empowered to take specific measures for them. The Act governs children, sometimes known as Juveniles. This is referred to as violating the law inside the country. The fundamental purpose is to create a juvenile justice arrangement that would focus on reintegration. Its execution is the responsibility of the Department of Women and Child Development. Juvenile Justice Boards All legal rights of children will be respected in India, and actions will be done to protect them. Putting in the necessary effort to ensure their recovery and safety, which includes meeting their physical, psychological, and emotional requirements, societal expectations, and understanding the rehabilitation of youngsters in legal trouble is one of the study\u27s goals
Constitutional Perspective Of ‘Right To Vote’ In India: A Critical Study
Get PDFThe right to vote is one of the major foundational roots of democracy which is the legal right and human right in India. The people representatives are elected by vote of people in India. In this regard, several judgments delivered by the hon’ble Indian Judiciary to prevent the abuse of right to vote in India. But still many controversial issues are existent under some exceptions. The research article deals with the constitutional perspective of right to vote in India.  
Analyzing Existing Cyber Crime Policies in India
Get PDFIn today’s world where everything is dependent on technology and the internet, where most of the population in today’s world easily works in cyberspace. As Internet brings so many advantages with it. it also brings a few disadvantages and one of them is Cyber Crime. These crimes have so many types and classifications that are common. But what’s most important is to stop them. So to stop these crimes many organizations and governments had made many laws and serious protocols. There are many laws existing currently across the world. But the thing is they are sufficient Have these crimes been reduced? And what are the reasons for this happening? Why do we still need some ways to combat these crimes? What are these ways which will help us to deal with the current situation? What else should be added to the policies and what is it lacking? All these questions will be answered below in the research paper
Indian Higher Education: Throughout And After Pandemic
Get PDFIn today’s context, most of the countries are very seriously affected due to the COVID-19 Nationwide lockdown. A horrible date of deaths and infected cases received throughout the world including in India. No sector remained untouched by the pandemic including higher education. All the schools, colleges, and universities closed down by postponing their entrance tests and other examinations while shifting to an online mode of learning from the traditional classroom. Electronic means have been utilized for learning. But, the motive has not been achieved due to poor internet connectivity, network issues lack of sufficient training for teachers, and the bad economic condition of the students. The Education mechanism suffered during the period. This research article emphasizes the consequences of the pandemic on the higher education mechanism of India and others as required.  
Terrorism And Other Related Factors- An Analysis
Get PDFLegally, a terrorist has intended a criminal; but, then, so is an insurgent and, for that matter, everyone who participates in any unlawful, movement even if that be non-violent. In the eyes of the law, they are all criminals, in varying degrees of course, but liable to legal prosecution all the same. There must never be even a semblance of legitimization of terrorism. Terrorism, unlike criminal violence, is ruthlessly brutal and sedition of the highest order. Seen solely in this light, a terrorist is not a criminal in the general sense but a dangerous menace to lawful Government, community, and the existing social order. There is a marked distinction between a terrorist and an ordinary criminal
Female Foeticide And Infanticide: A Legal Analysis
Get PDFWomen play a pivotal role in the development of the society. They are an integral part of the mainstream development. Nonetheless, the domination of a female continues in many forms from womb to tomb in the society.[1] Declining sex ratio and gender discrimination of the girl-child has become a deep-rooted problem in the society. The main reason being the crime of female foeticide and female infanticide. ‘Female Foeticide’ is the destruction of the female foetus in the mother’s womb and ‘Female Infanticide’ is the killing of the girl-child after her birth. If a girl-foetus escapes foeticide then infanticide is waiting for her after birth. Both, foeticide and infanticide, are socially tolerated problems. The desire of having a male child in family has become anissue of gravest concern, leading to gender discrimination. This paper is an attempt to identify the issues, the Law and its application to come to a relevant conclusion
Secretary, Ministry of Defence v. Babita Puniya; (2020) 7 SCC 469
Get PDFThe research article titled “Permanent Commission and Gender Equality- a Step Forward” is a case commentary on the case of Secretary, Ministry of Defence v. Babita Puniya; (2020) 7 SCC 469 which is a recent judgment granting Permanent Commission to the women officers in the Indian Armed Forces. The article provides a background of the case which basically involves the discussion about the main issue i.e., permanent commission and why it is important for the women officers and how the non-granting of the same led to gender inequality. Then, it moves onto the main facts, issues and judgment of the case in brief along with a detailed analysis of the opinions of the judges and how it is a landmark and a progressive judgment in terms of gender equality. The conclusion provides the suggestions and the author’s take on the issue