Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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Overview Of The Rights Of Person With Disabilities: A Human Rights Approach
Get PDFPersons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights.
The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach
Comprehensive Analysis of The Concept of Child Abuse: A Critical Appraisal
Get PDFThroughout the history of mankind, children have only sometimes been spared to indignities, cruelties, and horrors that human beings so often inflict upon each other. At various times, in various places, children have been abandoned, starved, beaten, enslaved, sexually assaulted, and put to death. One such horror- child abuse – have become serious social problems in the united states and in some other industrialized societies, yet it occurs infrequently or not at all in many of the world’s societies. Child abuse seem’ s to increase in situations of rapid socio- cultural change, urban migration, family disorganization, and the like, no clear cut set of prognostic variables has been identified. Indeed, it seems that factors that predict child abuse in one society will not be predictive in another. Only active public and professional concerns led to the emergence of the truer picture of all forms of the child abuse and neglect: physical, sexual, emotional, and failure to thrive owing to maternal deprivation. The present paper is an attempt to make a comprehensive analysis and study of child abuse which is existing in different form and how they have been addressed in different existing legislation and government policies
National and International Protection of Trade Secret
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This research article contains an introduction to ‘Trade secret as an Intellectual Property’, primarily focused on principles of TRIPS and relevant laws related to trade secret in USA, UK, China and Japan. The paper also Includes Trade Secret Licensing, Factors, restrictions and validity along with Non-Disclosure/ confidentiality agreement. So basically the effort is to draw a comparison between available measures to deal with trade secret issues in India and other countries
Law and Social change: An Analytical Study
Get PDFThere are two sides of each coin’ similarly. Each act of any person is also, either good or bad. And it is the rule, since existence of the society; good has to be accepted and the prohibited (evil, adharma or asatya). Indian Judiciary has generally been found to be alive to the needs of change happening in social thinking. By giving due consideration to the same while interpreting statutes in particular cases, the courts have brought out their fresh implications and thereby added new dimensions to the law. It is correct that law is an instrument of social change, law changes its shape according to the requirement of society or society changes the law through enactment of statues. In India, every session of Parliament and State Legislature introduces the Bills to amend the Act s(s) or enact Act(s). On the other hand, where, any question of facts comes before the court, judiciary’ (especially higher judiciary) is interpreting the law according to the requirement of society. The dialectic of the legal system in India, with its entrenched “multiplex of social structures” on the one hand and its multiplicity of indigenous, colonial, and developmental traditions on the other, is tremendously complex. The significant element in the interaction between law and society in India is the heavy burden on these multiple traditions and the social concerns and orientations of each
Legal Measures To Deal With Covid-19 Pandemic Disaster In India
Get PDFThe main purpose of this paper is to find a legal framework to deal with an unexpected epidemic i. e. Covid-19 disaster in India. This paper is also focused on to legal control the outbreak of deadly global pandemic Covid-19 in India; the Government of India imposed a nationwide lockdown. The lockdown has been carried out by State Governments on the directions of the Union Ministry of Home Affairs under the Disaster Management Act, 2005. Secondary data has been taken in this paper to identify the legal aspect of disaster management. Several legal arrangements have been cited in the context of disaster management in India
Compensatory Assistance To The Victims Of Acid Attacks
Get PDFViolence with throwing acid is a heinous act of crime which falls under the offence against body. Attack of acid is mostly committed against women who are of young age. It is an intentional act, object in most cases to take revenge. Basically, it is gender based violence and gradually increasing against women. Acid that normally used in attack are easily available in market. The Criminal Law (Amendment) Act, 2013 and guidelines issued by the apex court under the Laxmi case regarding compensation and assistance in favour of acid attack survivor, so the proper treatment can be done, expense can be bearable and victim can face the challenges. Through this research paper scholar wants to highlight on caused, impact and relief provide by the state to the innocent victim and also recommended that proper check should be done on sale of acids
Impact of Literacy on Juvenile Delinquency in India (with special reference to the sexual offences)
Get PDFChildren are the future of the country. Juvenile delinquency is the hurdle to the development of the juvenile and its effects are bad on the development of the country. Sexual offenses are social evil that badly affects to the juvenile as well as the victim woman. Juvenile criminality has been increased year by year in India particularly in juvenile sexual offenses. Even though to emphasis the literacy, there is Constitutional provision under Directive Principle of the State Policy as well as Fundamental Rights as provided under Part III & IV of the Constitution of India but there is an implemental gap. In furtherance, to give effect to rise up the literacy, the Union Government and States Government are trying to implement several policies. There are several reasons behind juvenile delinquency like- social, economic, political, psychological, and biological reasons but literacy is directly impacting on juvenile delinquency. If we want to build a strong India then we have to make mentally strong children. The objective of the present study is to analyse the effect of literacy of the States and UTs on its juvenile delinquency. The effect of policies as initiated by the Union and State Government with respect to juvenile delinquency has also been elaborated categorically in manner. The present study is based on doctrinal and empirical methods. For doctrinal, data has been collected from the textbooks, research papers, journals, articles, and websites, and for imperial study, data has been adopted from official sites. For conclusive analysis, the statistical formulae have been applied
Anti Dowry Laws In India: An Analytical Study
Get PDFIndian constitution provides the right to equality to all the people of India including women. In spite of this, during her whole life violence in different forms is inflicted on her and she suffers gender discrimination. The violence and heinous crimes against women occur within the four walls of the homes and at other places. There are so many crimes which are related to women and dowry is one of them. The Dowry system is an evil which is deeply and widely rooted in the minds and desires of many people. It is prevalent in almost every section of society and all parts of the country
Impact Of Cyber Crime On The Society During Lockdown Period
Get PDFThe aim of this paper is to analyse the impact of cyber-crime on the society during the period of lockdown. The concept of cyber-crime and the new hacks to extract money from the citizens and how it has impacted the common people at large is explored. The result from this study shows that computer and internet is a potent platform for the criminals and how it has impacted the lives of the people in a negative way. The discussions are made from the findings and the paper addresses how the internet and computer can be utilised properly in a safe and secured way adopting various precautions and measures to secure the usage and on the other hand increasing the awareness on how not to be trapped in any kind of web by criminals in the cyber world
Child Labour In India: A Stigma On The Face Of Society
Get PDFWhen there is no confidence in the future of a child in a nation, then surely that nation also has no future. As in Indian society children have always been the subjects of discussion due to less vocal or country’s past or socio–cultural background. Speculation among children is the outlay in the future of a nation, which forms ideas. Childhood is important because their personality is formed in the process of socialization. The origin of child labour lies in a multidimensional complex process of self–sustaining socio–economic retardation. “Child labour” is defined as the employment of children in any physical work. Whether or not work done by children is defined as child labour depends on the child’s age, hours and type of work, and working conditions. But many millions of children work in abusive and unequal conditions that are clearly dangerous to them. India is no exception. According to the report, India ranks among the top countries where the percentage of labour force making up “child labour” is very high. Like others, India too, from its inception as an independent nation, has enacted laws to reform and eliminate all forms of child labour, but the ground reality is still very depressing in nature. Child labour in India is addressed by the Child Labour Act 1986 and the National Child Labour Project. Today there are more than 11.24 million children in India who are spending their childhood in learning, carpet–weaving, beedi–rolling, family labour, agriculture and countless other occupations instead of going to school. Finally, as planning and strategies identify, the research paper identifies policies and attempts have been made to actually address and determine the problem as needed