1,721,070 research outputs found
Focusing On The Most Marginalised Sector In The Current Pandemic: The Sex Workers
Full text linkDue to the outbreak of COVID 19, when social distancing and avoiding physical contact became a norm that restricts the “dhanda (a colloquial term meaning 'business') of the sex workers. School of their children turned out of lack of devices like smartphone, internet facility, etc which is needed for online classes. All workers are living in one apartment in claustrophobic cabins as the brothel owners shut the business. Govt. barely thinks about them also doctors are not willing to visit their places. Initially, some of the NGOs started to help them but they also could not foresee the long-term lockdown problem. The majority of the clients of the sex workers comprise migrant labourers but an exodus of migrant workers makes their life more miserable. Some of the sex workers are also migrant workers but they hide their status from their family and there is no way to return. More than 90% of Commercial sex workers are in the street under permanent debt bondage due to this one year and more of the pandemic. This kind of heavy debt bondage becomes intergenerational bondage where sex workers in the future might force their daughters too in sex work for repayment of such debt
Democracy Losing Ground To Mobocracy: A Diverse Socio-Legal Perspective
Full text linkThe rise of rational masses which played a major role in strengthening democracies worldwide, has subjected these very societies to various kinds of confusion and misfortunes due to misinformation and spread of fake news, thereby, disrupting the very foundation of the right to freedom of speech and expression. At the heart of such chaos, lies intolerance which gives rise to mob violence whereby the democratic values and mechanisms are reduced to play at the hands of ill-informed mob which disregards these values at the behest of its leadership. The Supreme Court of India urged the government to pass a new anti-lynching law and to curb the spread of Internet rumours after dozens of people were killed in a string of mob attacks fuelled largely by social media1. It is disturbing to note that mobocracy in India is moving towards becoming the new “normal.” The paper seeks to lay emphasis on the mobocracy and human rights violations that are taking place in different parts of India. The paper is divided into four parts. The first part will deal the concepts of democracy and mobocracy. Secondly, it will deal with the changing dynamics of democracy through mobocracy. The third block will deal with the effects of current legal framework on mob violence and its analysis. Lastly, the paper seeks to suggest guidelines and measures to prevent mob violence through a central legislation. Recently, the state governments of Manipur, Rajasthan and West Bengal, came up with their laws against mob-violence and mob-lynching. However, the aforementioned problems are grave human rights violations and a strict Central legislation is the need of the hour
Role Of Urban Local Governance In Development In India: An Assessment Of Bengaluru Municipal Administration
Full text linkUrban Local self government play a major role in urban development process. This level of government has enormous functions and inadequate source of finances. The role of Urban Local governance in India has become extremely challenging because the local government should ensure that public demands are fulfilled and their grievances are properly addressed, many policy reforms have been undertaken by the Indian Government to make local governments strong. When we specifically speak about Karnataka, Karnataka legislature has passed.
The Bruhat Bengaluru Mahanagar Palike (BBMP) Act 2020. Which replaces Karnataka Municipal Corporation Act, 1976. This research paper describes the form of urban local government in the context of recent recent muncipal reform, their duties, composition, legislation, management, functions, powers, municipal finances. Focuses on state control on local self government development, and discusses the lacunas present in the recent Act.
Keywords: Urban local self government, policy, reforms, development, legislation, Corporation
Hussainara khatoon & Others(I) v Home Secretary, State of Bihar
Full text linkIt is aptly said by William Gladstone that Justice delayed is Justice denied.’ Before the Hussainara Khatoon case, there was no light on the condition of prisoners and brutal violation of their rights and liberties. Every person is entitled to Art. 21 related to the right to life and liberties, this includes granting them full opportunity to prove their innocence. With the case of Hussainara Khatoon, awareness of free legal aid for poorer sections of society and the antiquated and unsatisfactory bail system is impossible to fulfill for poor sections. It reflects and records a slow and antiquated legal system that prevents a person to access its basic reedom and liberties.It also highlights the need of vigilance among citizens regarding sociolegal issues as Vigilantibus Non Dormientibus Jura Subveniun.This paper summarises the case Hussainara Khatoon & Others (I) v. Home Secretary, State of Bihar, and highlights its
major attributes and its significance in legal history
INSOLVENCY LAWS: A WALL OF CONTROL OVER CORPORATE WORLD
Full text linkThis paper examines the current Insolvency Regime of the country and is based upon the pitfalls and inadequacy of insolvency legislations hegemonizing corporate sector in India.
Debt Financing: A fundamental activity by Corporate Persons
“The Pecking Order theory says that the firm will borrow, rather than issuing equity, when internal cash flow is not sufficient to fund capital expenditure” (Myers, 2001)1. In the process of financing a new venture the directors of a corporate firm estimate two major outcomes- whether the venture will maximize profit, or it will increase overall valuation of the firm. While the former outcome is limited to increase in wealth of shareholders, later increases market share, market value and overall income power of the corporation. Debt financing is a process which undertakes less cost of raising capital compared with equity issue, but it undermines the objective of profit because interest on liability is an expense, however, the corporation benefits in long run. Issuing equity to dilute current share of stakeholders is an indication to overvalued stock and on the other hand utilizing debt to fund a project is a sign of capability
Creation Of Intellectual Property Rights With The Development Of Artificial Intelligence
Full text linkArtificial Intelligence is the reflection of one of the best innovations of mankind, with the advent of invention the field of artificial intelligence is set to bring about a major change in technological and personal life of people. Manned by the planning of engineers, this field also attaches the legal implications and the intangible proprietary rights of inventors. The trust, novelty and commercial competence of this field blew away the technological market around the world around 20th century. The creativity and ability of uniqueness of inventions has always been questioned colligated to the aspect of legal right of registration for the developers or programmers across the world reading various judicial prouncements worldwide
Legal Electoral Reforms Needed in Context of Funding of Political Parties in Contemporary India
Full text linkTo conduct more free and fair elections, we need independent and powerful election commission, more specific laws and efficient enforcement of these laws by various government bodies. Yet, no election system can ever be perfect. Electoral reforms are changes in electoral systems for efficient transformation of public desires into election results and make the system better. Any democratic society has to keep searching for mechanisms to make more free and fair elections. It is seen that political parties contesting elections, do not maintain proper transparency and accountability in monetary aspects like funding and donations. Political parties in India tend to hide, represent incorrect and incomplete numbers while making declaration about the donations and funding they receive. This misleads innocent citizens, causes corruption, misuse of money and power in election, and gives unethical advantage to political parties that leads to election of wealthy and powerful candidate rather than righteous and deserving candidate. Electoral reforms enacted previously tried to stop these corrupt, non-democratic and unconstitutional practices, by limiting parties’ spending in election and mandating political parties to declare donations, This article gives solutions for various problems in the existing system like the problem of no information available about actions taken by Central Board of Direct Taxation (CBDT) against parties defaulting to release the contribution reports. This article also gives remedies to tackle incorrect, incomplete or non- disclosure of information in donation statements of national and regional parties that are available in public domain. Moreover this article provides model to ensure accountability and transparency in funding of the political parties in India
An Analysis of Hub and Spoke Cartels in the E-Commerce Sector
Full text linkThe Covid – 19 pandemic has caused unprecedented havoc on society in the year 2020. The effects of the pandemic have been felt across varied spheres of human activity, be it the economy or the health sector. Most countries across the world-imposed lockdowns in order to effectively curb the spread of this highly infectious disease. Naturally, these lockdowns resulted in a number of hurdles to business and their working models. They could no longer profit by selling their products and services at
traditional brick and mortar outlets and they now had to rely on new ways to reach their customers.
These challenges were faced by businesses in India as well. Offices, educational establishments, public spaces, etc, were all mandated to stay shut. However, the demands for products did not take a hit. There was in fact an increase in demand which led to shortages in essential products. These shortages may potentially influence firms to resort to exploitative pricing strategies of firms
Good Governance And Human Rights
Full text linkThe significance and influence of good governance is not only limited to the extent of corporation and similar operating firms. In order to ensure the protection and respect of human rights with strict adherence to the international standards, several international instruments have been developed. They have attempted to inculcate the good governance by establishing the obligations for the member states to stick to its grounds and develop the national entities to assure accountability and transparency on its rectification to national level. The paper have analyzed all such instruments and actions of international community to integrate the concept of good governance and legal pluralism in human rights
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