Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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Amended Consumer Protection Act 2019 Vis-A Vis Health Care of Patients
Get PDFThe approach is aimed at the identification of the gaps and loopholes which might prove detrimental in the achievement of proper goals as perceived by the patients and their attendants who have to visit hospitals for treatment. Undesirable and unwanted actions or inactions in situations of the utmost need of a medical professional constitute the two infamous conduct-related words –Medical Negligence and Medical Malpractice. The focus on the study undertaken was concentrated on finding out whether or not coming into force of Consumer Protection Act, 2019 could make any substantial difference as far as Justice in medico-legal cases is concerned
Confessions And Law In India: A Legal Analysis
Get PDFThe evaluation of the laws pertaining to confession in India brings to the fore the fact that ‘confessions’ has not been defined in any law. This paper is an attempt to examine the embodiment of the provisions pertaining to ‘confession’ under various enactments. The critical discussion encompasses the substantive law as well as the adjective law. Keeping in mind the title of this paper, the provisions have been dealt with in chronological order. The first enactment, which contains provisions pertaining to the confession, is the Indian Penal Code, 1860
Cyber Crime And Its Punishment: An Analytical Study
Get PDFIn the present scenario, people want to live with lots of amenities such as television, laptops, mobile phone, electronic watch, Bluetooth and other etc. After the invention of androids and the touch screens, mobile phones lot of work was done by the mobile phone. With the help of social media, people get to touch each other easily. And go for the communication for personal use as well as business. Nowadays we know that all government offices work out with the help of cyber. And Private sector people also work out by the online system. Even hotel and restaurant delivery systems are online. Railway reservation, Bus reservation, flight booking also. In this article, we will find cybercrime stages and how to people steal data, materials, money, and other information with the help of electronic devices. 
Sexual Offences Against Female Children in India: A Critical Study
Get PDFMillions of female children are victims of violence and sexual abuse in India. Sadly many of them are not even aware of the fact that they are sexually abused and for this, the governments have to be more careful when it comes to making a law on the protection of children because when the child got sexually abused then it affects them physically mentally, and emotionally. Sexual abuse to females children in society is not a new concept it is an age-old problem but till now the public is not fully aware of this problem and how to protect children from such crimes. This research paper talks about the problem of sexual offenses against female children and the reasons and laws related to it in India
Cybercrime Insurance Is A Protection Tool Of The Society: An Analytical Study
Get PDFDespite the increasing awareness of cybercrime, there are many people who are still not sure what it is. Cybercrime is a criminal activity that is committed using computers or the internet. It can include anything from hacking and identity theft to fraud and child pornography. With the rise of technology, cybercrime has become one of the most common forms of crime. According to a report by Norton, a cyber-security company, there were 4.1 billion records breached in the first six months of 2019 alone. And the rate of cybercrime is only increasing. The same report stated that the average cost of a data breach globally was $3.86 million in 2018, which is up 6% from the previous year. During the duration of the Pandemic of Covid-19 most, most of the cyber-crimes increased by around five hundred times is stated by Chief of Defence Staff (CDS) General Bipin Rawat in a discussion with the Hindu Newspaper reporter in Nov. 2021. With the growing rate of cybercrime, many businesses are starting to purchase cybercrime insurance. Cybercrime insurance is a protection tool that businesses can use to financially protect themselves in the event of a data breach or other type of cyber-attack. In this research paper, we will explore the need for cybercrime insurance and how it can help businesses recover from a cyber-attack. We will also look at some of the challenges that businesses face when it comes to purchasing such insurance
Terrorism and Human Rights: A Critical Study
Get PDFThis research paper deals with the Menace of terrorism in the world and the use of media by terrorist groups, National Security Laws, which include different activities to combat the fear of terrorism. It also includes the different laws of a state to maintain peace and protect people not to be provoked by religion. Terrorism is one of the fears for people across the world are fighting to overcome. Several countries have become victims of terrorism. ISIS was the largest terrorist group all over the world causing damage to the countries. This research paper also deals with different laws and acts in respect of fighting against terrorism such as IPC (Indian Penal Code), POTA (the Prevention of Terrorism Act, 2002). Terrorists are none other than us, who have been misguided. Unemployment, poverty, and conflict are a few examples that give birth to terrorists. Unlike some other countries, India is a socialist country where no religion is superior, but still, people fight over the name of religion. This research paper also talks about the and about the Abrogation of Article 370 and its impact on terrorism. Nowadays, it has become a compelling duty for countries to protect the basic right of human beings and to provide security without jeopardizing them as terrorism constitutes a threat to the country
Reflection on Indian and Australian Constitutionalism
Get PDFEvery country has its own Constitution but it does not imply that Constitutionalism is also flourishing there. The term constitution and constitutionalism reflects two different meaning. As per the scholars, Constitution entrusted with it the written and unwritten principles, which regulate the administration within a nation. On the other hand, ‘Constitutionalism’ refers to those values, ideas and principles that govern the government organs while performing their function and exercising their powers. These values are so inherent, that without which the spirit of constitution cannot be follows. In the general sense constitutionalism refers a government with limited power and it is antithesis of arbitrariness. Professor Gerhard Casper recognized the descriptive and prescriptive usage of constitutionalism. In descriptive sense it often associated with struggle by historians for acknowledgment of common people’s “right to consent” in constitution and establishment of state institutions as crucial aspect of constitution, and In prescriptive approach it concern with functioning of state functionaries in such a manner that it ensures compliance with constitutional spirit. Therefore, constitutionalism describes both source of power and limitation on that power. Once both India and Australia were British colonies, but after the independence, they adopted their own constitution, which has started to work in its own way. India has a unique experience with regard to constitutionalism. It has excellent administrative structure but excessive bureaucratization, pluralistic society and local politics, which often raise a question on constitutionalism. On the other hand Australian constitution emphasis on institutional arrangements for the purpose of protection of rights and it incorporates sufficient safeguards, which ensure collective decision making by politician. The object of the paper is to provide a comparative analysis of Indian and Australian constitutionalism that will be useful to utilize the experiences of one country to promote the constitutionalism. In this paper, firstly researcher discusses the concept of constitutionalism in India and Australia. Researcher attempted to explore that how the concept of constitutionalism is work and at what extent this concept is undermined in both the countries
National Securities Laws and Global Effect of National Security: An Analytical Study
Get PDFNations all around the world grapple with the issue of security, specifically how to define what constitutes national security, enact appropriate legislation, ensure applications, and provide security. It is imperative to remember that governments have duties to protect those who live within its boundaries as well as those who are residents of their country.In this fast changing environment, security threats can come from a variety of unanticipated sources. Non-state actors, groups, loose networks, and even disconnected persons may now pose serious challenges to national security, in contrast to prior threats from other governments or nations that anticipated new threats. In this research article the researcher explain how to safe national security and how to stop the terrorism in India
RIGHTS AND DIGNITY OF SENIOR CITIZENS A Socio - Legal Analysis
Get PDFAging is an inevitable consequence of life. Elderly are the valuable treasures of our society with superior knowledge and have a linkage of the past, present and future that was then passed to forthcoming peer groups and served as a healthy bonding between young and elderly. The paper provides highlights of certain rights of senior citizens and challenges faced in recent times. How far have we as a society come to give a better life to elderly? The westernization and modernization of society has resulted in a “cultural shock” but society should be so developed to retain its values, culture and civilization. Human Rights are part and parcel of Human Dignity, adequately secured by various provisions of Indian Constitution, national and international texts. The Indian judiciary has frequently addressed many issues of the social relationships by stressing on constitutional provisions peculiarly Article 14 and 21. In this year 2022, India will be celebrating its 75th Independence but the intent behind this legislation pertaining to elderly is yet not fully achieved. A character of law cannot be seen in isolation, above that it needs to be emotionally connected which will serve the true purpose of a particular law because certain matters in our society are emotionally connected to people. Despite the physical health problems, they are affected by mental health issues, the Covid-19 Pandemic accelerated doubts such as ‘End of life’ and additional burden of the deadly disease and associated evils of social distancing. There exists a need for more age-friendly cities in India to combat loneliness. The maturity and seniority should not be taken as a word but an actual sense of superiority is needed towards observing them as a resource rather than a burden
Role Of Law In Ameliorating The Conditions Of Women
Get PDFThe provisions of gender equality are defined in the Constitution of India through the Preamble, Part IV Fundamental Rights, Fundamental Duties, and DPSP (Directive Principles of State Policy). It not only provides for providing equality to women but also gives the power to the state for adopting measures and from the Laws, Rules & Regulations in their favor. However, even after the passing of 72 years since the constitution was enacted, women face discrimination from cradle to grave. In this paper, we will outline the provisions of the constitution that provide for equal status of women with men making positive discrimination in favor of women and for women empowerment. Thereafter, we will discuss certain important laws that have played a crucial role in securing the safety and dignity of women and empowering them