AN EVALUATION OF LEGITIMATE STATUS ON CHILD SEXUAL MALTREATMENT IN INDIA |
Author : AUTHORED BY: MR. ANKUSH KEJRIWAL, ALLIANCE UNIVERSITY, BANGALORE. |
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Abstract :This paper tries to analyze the utilization of Indian Criminal Law to the instances of sexual offences including children. The researcher has particularly examined the Indian Penal Code, 1860 Section 375, 376, 377, 354, 509, the Indian Evidence Act and the Protection of Children from Sexual Offenses Act, 2012. The analyst has additionally completed a relative examination of laws of various nations managing sexual offences against children. |
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A JURISPRUDENTIAL EXPLORATION OF STING OPERATIONS |
Author : AUTHORED BY: MR. ANMOL JAIN, NATIONAL LAW UNIVERSITY, JODHPUR. |
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Abstract :This Article draws its essence from the recent news about a couple of cases against Israel based NSO Group registered by a Qatari citizen and a Mexican journalist for spying activities. This NSO group is one of the prominent market players in the spyware technology and has sold spyware to a number of countries. The stance of the company in such lawsuits remains constant that the supply of such spyware technology to government is for the purposes exclusive use against the criminals and cracking any terrorist activity. |
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ELECTORAL REFORMS: THE TUG OF WAR BETWEEN EXECUTIVE AND JUDICIARY. |
Author : AUTHORED BY: MR. ANURAG SHAH, SCHOOL OF LAW, CHRIST UNIVERSITY, BANGALORE. |
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Abstract :Electoral reforms in India have been a topic of intense debate, especially over the last few decades. Electoral reform is the change in the electoral system of a country that helps the citizens in choosing the right kind of government and makes the election process smoother. The political system of India has been infected with way too many malpractices and scams. From selling of party tickets to criminals coming in key positions in parliament, there is nothing which hasn’t been in the news about Indian politics. |
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SUPREME BUT NOT INFALLIBLE. |
Author : AUTHORED BY: MR. HEMANT VARSHNEY, DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW (U.P.). |
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Abstract :With the shift from a rule of anarchy to rule of people i.e. democracy, the world witnessed sea changes in the global political arena. Legislature, Executive & Judiciary have emerged as the pillars upon which the pedestal of democracy stands. Montesquieu’s theory of Separation of Power is central to understanding democracy since it ensures harmonious engagement between the three pillars. |
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RIGHTS OF PRISONERS IN INDIA: A LEGAL ANALYSIS. |
Author : AUTHORED BY: MR. PRATEEK JAIN, SEEDLING SCHOOL OF LAW & GOVERNANCE. |
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Abstract :Our nation is known for its democracy and its rich culture but it is very sad that developing country just like India has no codified and specific legislation for the rights of the prisoners. Though, this fact cannot be rejected that our Honorable judiciary has not ignored the prisoners and recognized various rights for them through their judgments and interpretations; Moreover, the rights related to prisoners experienced a drastic change during the past decades as an increased consciousness about the desperate need of prison reform dawned on the people. |
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A STUDY ON IMPACTS OF OPEN DEFECATION ON HEALTH & SOCIETY |
Author : AUTHORED BY: MR. PRATEEK SINGH & CO-AUTHORED BY: MS. RIMJHIM PRIYA, SHRI RAMSWAROOP MEMORIAL UNIVERSITY. |
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Abstract :Open defecation in simple words refers to the practice whereby people go out in fields, bushes, forests, open bodies of water, or other open spaces rather than using a toilet to defecate. The practice of open defecation is rampant in India and shamefully our country is home to the world’s largest population of people who defecate in the open. According to several types of research, the data that popped-up is very shameful. Everyday people excrete around 65,000 tons of faeces into the open environment. |
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BREAKING THE SILENCE: POCSO ACT |
Author : AUTHORED BY: MR. ASHUTOSH VASISTHA, UNIVERSITY FIVE YEARS LAW COLLEGE, UNIVERSITY OF RAJASTHAN, JAIPUR |
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Abstract :Child Sexual Abuse (CSA) is one of those critical and important issues which requires utmost care because for a developing nation like India where the majority population is of youngsters, heinous crimes under CSA can affect the mental and physical health of the youth adversely and which can lead our country into a very big problem. The competent authorities will always be there for us, all we just need to do is lodge complaint as soon as possible and trust the authorities and co-operate with them to bring down accused on his knees and let him know the repercussions of his act. |
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LEGAL AND PRACTICAL ASPECTS CONCERNING MOTOR VEHICLE THIRD PARTY INSURANCE IN CASE OF NON-RECEIPT OF PREMIUM BY INSURANCE COMPANY. |
Author : AUTHORED BY: MS. AYUSHI SHARMA, LL.M. (BUSINESS AND CORPORATE LAW), GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR. |
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Abstract :Insurance is defined as “a financial risk management tool in which the insured transfers risk of potential financial loss to the insurance company that mitigates it in exchange for monetary compensation known as the premium”. Insurance policies are merely an agreement enforceable by law between the policyholder and the insurance companies. The Insurance Regulatory and Development Authority, a Government of India agency regulates and manages the work related to the insurance sector. As a general understanding, Insurance indemnifies insured from a liability to which he is unprepared in return of the premiums which has been paid to the insurer. |
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E-GOVERNANCE REFORMING GOVERNMENT THROUGH TECHNOLOGY |
Author : AUTHORED BY: DR. KULDEEP CHAND, ASSOCIATE PROFESSOR AT SCHOOL OF LAW MAHARAJA AGRASEN UNIVERSITY & CO-AUTHORED BY: MS. SUNIDHI KASHYAP, PH.D RESEARCH SCHOLAR AT MAHARAJA AGRASEN UNIVERSITY. |
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Abstract :E-governance is an application of facts in electronics and communication technology in the series of action by the government to guide pleasant governance which can be characterized as giving public the superior power of when and where they approach authority information and aid. It is a correct in the technique of doing government effort, contribute information and give the aid to external and internal consumer for the welfare of both government and the consumer and the organizations in which they serve. |
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A STUDY OF LEGAL FRAMEWORK FOR PROMOTION AND PROTECTION OF RIGHT TO HEALTH VIS-A-VIS MILK ADULTERATION IN INDIA. |
Author : AUTHORED BY: MS. DEEPA ANNADANIMATH, RESEARCH SCHOLAR AT DEPARTMENT OF LAW, SAVITRI BAI PUNE UNIVERSITY, PUNE. |
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Abstract :Health is a Natural Phenomenon. Everyone is aware of the proverb “Health is Wealth”, it is essentially correct, and a Healthy person is always enthusiastic and positive towards their work. According to World Health Organisation, “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. This definition clearly depicts that Health includes physical as well as mental well-being and not only free from disease but to be fit as well. Health has a vital role in one’s Life. State being the protector of rights of its subjects in Social Welfare era, State is duty bound to protect the health of citizens as well. In this regard, almost all the countries have Legislations protecting Right to health. |
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HUMAN RIGHTS AND INTERNATIONAL ARBITRATION |
Author : AUTHORED BY: MR. LOKENDRA SINGH & CO-AUTHORED BY: MR. HIMANSHU CHHIPA, THE ICFAI UNIVERSITY, JAIPUR. |
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Abstract :This article showcases the meaning, scope and variegated aspects of the Human Rights concomitant to the International Arbitration and an obstructive approach adopted by international arbitration tribunals to human rights arguments raised by host States, as illustrated in the case of the human right to water, and examines the potential implications of this approach for the international human rights administration and the legitimacy of investment arbitration. The article approached the ways of a harmony of international law in a way in which investment law could be contemplated in isolation of eco-friendly, human rights and social expansion contexts. |
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THE BATTERED WOMAN AND THE XYY SUPERMALE: DEVELOPING CONTOURS OF CRIMINAL BEHAVIOUR IN CRIMINAL DEFENCES AND THEIR ANALYSIS IN THE LIGHT OF THE DEFENCE OF INSANITY IN INDIA. |
Author : AUTHORED BY: MS. LATIKA CHOUDHARY, ASSISTANT PROFESSOR AT IMS LAW COLLEGE, NODIA & CO-AUTHORED BY: MR. HARDIK DAGA, RESEARCH SCHOLAR (PH.D CANDIDATE) AT DEPARTMENT OF LAW JAI NARAYAN VYAS UNIVERSITY, JODHPUR. |
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Abstract :One of the basic tenets of the Criminal culpability in any legal system at present is the mens rea requirement standard which symbolizes a conscious self control on the criminal conduct of a person. And that is the reason why the presence of a disorder especially which is mental or psychological in nature that prompts a person to perpetrate a crime negates the possibility of existence of mens rea. As a result, a defence like that of Insanity exists in Indian criminal law. In this light, there have been ceaseless debates and attempts to bring the two most debated syndromes of criminal behaviour under the umbrella of criminal defences. One being the Battered Woman Syndrome which is psychological in nature and applicable to woman; and the other being XYY Supermale abnormality which is biological in nature and is applicable to men. The aim of this research paper is to delve deep into the debate and examine if and whether these syndromes can be projected as defences under Indian criminal law and in what circumstances. |
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JUVENILE DELINQUENCY: A COMPARATIVE STUDY BETWEEN INDIA, U.K. & U.S.A |
Author : AUTHORED BY: MR. MANMEET SINGH, PH.D RESEARCH SCHOLAR AT MAHARAJA AGRASEN SCHOOL OF LAW, MAHARAJA AGRASEN UNIVERSITY, BADDI. |
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Abstract :Juvenile Delinquency or commonly known as “Juvenile Offending”, an unlawful act by a minor (minor is a person who has not attained the statutory age of majority). The problem of Juvenile Delinquency is not a new one it is an age old problem, it involves millions of youth. According to an estimate maximum number of the youth is either once or many times engaged in the Juvenile Delinquency behaviour. Many of the youth are never gone through the Juvenile Justice System, but it does not lower the value or importance of the problem of Juvenile Delinquency. To deal with the problem of Juvenile Delinquency not only at National but also at International Level many attempts were done to control the problem such as: rehabilitation programme and treatments etc. In the present paper an attempt is made to know about the problems of Juvenile. In this paper we’ll also study or examine that how the different nations were resolving this problem, by doing different efforts. |
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A LABYRINTHINE APPROACH TO THE PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL ISSUES: CONVERSING A SOCIAL CONCERN IN THE SURVEILLANCE OF ‘PARENS PATRIAE’. |
Author : AUTHORED BY: MR. MUHAMMED SABIR & CO-AUTHORED BY: MS. SWETHA MARIA JOHN, SCHOOL OF LEGAL STUDIES (SLS), COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY (CUSAT), KALAMASSERY, ERNAKULAM, KERALA. |
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Abstract :Actions speak louder than words, more often written words remain written, cherished and remembered but rarely are brought into action. The legislations, statutes and rules enacted for the protection and welfare of the society, at times merely remain words. One among the best blessings of the Indian Judiciary is probably the Public Interest Litigation (PIL), where even a common citizen can approach the court of law, if found any right being encroached. |
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PORNOGRAPHIC MATERIAL VERSUS THE ISSUE OF MORALITY |
Author : AUTHORED BY: MS. MUSKAN CHAUHAN, B.A.LL.B, SCHOOL OF LAW, UPES, DEHRADUN. |
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Abstract :The word “Morality” is derived from the Latin word “Moralis” which means manners. Morality is characterized as that which includes the thoughts, for example, rightness and wrongness, blame and shame. Different definitions of morality have evolved based on different eras and situations. The basic definition of morality is “Morality is a principle which helps in the distinction between rights and wrong it can be legal right and legal wrong, what is good and what is bad to the people.” It differs from person to person, something moral to one person can be immoral to other, as it is the manner of the person. |
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INTOXICATION AS A DEFENCE UNDER INDIAN PENAL CODE. |
Author : AUTHORED BY: MS. NISHTHA SINHA, SYMBIOSIS LAW SCHOOL, HYDERABAD. |
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Abstract :This paper deals with intoxication as a defence under IPC. Firstly, it describes what intoxication is and secondly, how intoxication affects different parts of our body. The test laid down to fix liability in the cases of intoxication is a foreseeability test which is also described in this paper. The topic of involuntary intoxication is dealt further and the cases related in which person under the involuntary intoxication are liable and the cases in which such persons are not liable. The next part is section 85 under IPC has been described along with the conditions and the cases. Section 86 has been described along with the conditions and the cases. |
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RIGHT TO BE FORGOTTEN: BALANCING THE FUNDAMENTAL RIGHTS IN THE DIGITAL ERA. |
Author : AUTHORED BY: MR. NITESH JINDAL & CO-AUTHORED BY: MS. SHIPHALI PATEL, DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY. |
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Abstract :With the emergence of Digital Eternity, everybody deserves a second chance into our digital spaces as well as real lives. The Right to be Forgotten provides people with this second chance to move beyond the shackles of their past. The concept of Right to be forgotten has not gained much traction on Indian soil. Indian courts have also been devoid to delve into much with regard to its importance and challenges it may be capable of giving rise to. Recent landmark judgment on Right to privacy does not categorically talk about the Right to be Forgotten but it can be very well inferred from the wording of judgment of Justice Sanjay Kishan Kaul. As a consequence of it, provision of the Right to be Forgotten has been incorporated under the Data Protection Bill, 2018. |
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NEED OF THE HOUR: UNIFORM LEGAL DRINKING AGE IN INDIA. |
Author : AUTHORED BY: MR. SAHAJVEER BAWEJA & CO-AUTHORED BY: MR. AKSHAY SINGH, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PATIALA. |
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Abstract :Alcohol at one time was luxury for the Indians but at the contemporary time, many citizens have been indulged into the consumption of alcohol resulting into few alcohol addicts. At the present time in India, alcohol as a subject comes under the State list entry 51 under the Schedule 7th of the Indian constitution. This gives freedom to all the states for making their own laws for the current subject. This has led to widespread diversification resulting in different legal age in different states for liquor consumption. Certainly, some of the states have banned alcohol believing in the ideology of Gandhi. The supporters of alcohol worshipped the philosophy of liberty. |
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IRRELEVANCY OF BOARD OF DIRECTORS. |
Author : AUTHORED BY: MR. SATYAM TANDON, JINDAL GLOBAL LAW SCHOOL. |
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Abstract :The Board of Directors are elected by the shareholders and are responsible for running the Company. The process works in the following way: shareholders contribute towards the capital of the Company and elect their Board of directors, while the Board appoints managers to handle the Company’s day-to-day policies. It is their job to keep the Board of Directors informed about the work that they do. In India, there is generally a controlling/dominant/majority shareholder who monitors the Company’s situation and this is where corporate governance steps in. Corporate governance aims to effectively monitor the management and aims to ensure that the majority shareholder acts in a manner that benefits the Company and not just him. It is the duty of the Board of directors to understand the best interests of the Company and its stakeholders, and thereafter, make policies for governance. Their incorporation is mandatory for every Company. But, the practical effects of recent corporate governance norms and policies have diminished their role and really leave the Board of directors no scope for performing their functions. This paper aims to understand the diminishing nature of their role and how they have slowly become irrelevant as the authority that they are given is simply never independent of the expectations of the majority shareholder. |
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SLUT SHAMING: A PROBLEM, INDIA NEEDS TO ADDRESS URGENTLY. |
Author : AUTHORED BY: MS. AMRITA ROY, ADVOCATE AT JALPAIGURI COURT & CO-AUTHORED BY: MS. NATALIA GHOSH, RESEARCH SCHOLAR AT UNIVERSITY OF NORTH BENGAL |
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Abstract :The length of a woman’s cloth, her lifestyle, her relationship status, her job profile, her educational qualification, or her ambitious or carefree being have always been the parameter to judge her character. All the achievements of women, starting from being a class topper to being the best employee or any other achievements can be undermined or taken away in just one second, by uttering and spreading just one single sentence – “she is a SLUT !” what is more shocking is, in many cases the abusers are also women themselves. Be it online or offline, be it in school, college, office, public transport, neighbourhood or public space, Slut shaming has become a tool everywhere for silencing women with opinions and voice, for limiting their participation in educational and professional fields, to undervalue their skills and achievements, to destroy their reputation and most importantly to control them and punish them for not following a certain behaviour. |
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CAPITAL PUNISHMENT: A MODE OF JUSTICE OR MEANS OF OPPRESSION? |
Author : AUTHORED BY: MR. TEJAS HINDER & CO-AUTHORED BY: MR. SHASHWAT JOSHI, NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL. |
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Abstract :As proclaimed by the Universal Declaration of Human Rights, which was adopted on December 10, 1948, “everyone has the right to life” and “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The death penalty was explicitly mentioned as an exception to the right to life, when the provisions of the Universal Declaration of Human Rights were transformed into treaty law in Universal and Regional instruments. With international custom becoming increasingly abolitionist, an increased number of states have started regarding the death penalty as being inconsistent with standards of human rights. |
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ANALYSING THE LEGAL STATUS OF THE TRANSGENDER SOCIETY IN LIGHT OF TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016. |
Author : AUTHORED BY: MS. ANIKA MITTAL, VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES & CO-AUHTORED BY: MR. ADITYA JOSHI, FACULTY OF LAW, DELHI UNIVERSITY. |
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Abstract :India, renowned for maintaining unity among its diverse population is a hub of different religious and cultural groups. Post-independence many policies have been made for the upliftment of the minorities, but none involves the Transgender community. As a result of constant disregard and discrimination, most people of this community turned towards flesh trade and begging for survival. |
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RIGHT TO HEALTH UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION. |
Author : AUTHORED BY: MS. AVNI KRITIKA, AMITY UNIVERSITY, LUCKNOW. |
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Abstract :Nutrition, health and education are the supplements for the development of a country. Health is the quintessential factor for the development of a country as human development will lead to socio-economic development. The Indian Constitution, 1950 has recognised certain provisions for the right to health and even the Supreme Court has declared that the right to health is a fundamental right coming under Article 21. There are various provisions in the Constitution which certainly deals with the health of its citizens. Right to health and health care is the need to give better health conditions to human life. It is that important right which needs to be to exercise our other rights. |
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DHANANJOY CHATTERJEE ALIAS DHANA VS. STATE OF WEST BENGAL: CHANGING PARADIGM OF DEATH PENALTY |
Author : AUTHORED BY: MS. BHAVYA CHOUDHARY & CO-AUTHORED BY: MR. NITISH CHANDRA, DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY. |
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Abstract :The present case, i.e, Dhananjoy Chatterjee Alias Dhana v. State of West Bengal is a historic case related to the aspect of Death Penalty or Capital Punishment in India. It is an evident fact that Dhananjoy Chatterjee was the first person who was lawfully executed in India in the 21st century for a crime which was not related to terrorism. The execution by hanging took place in Alipore Central Correctional Home, Kolkata, on 14 August 2004. He was charged with the crimes of rape and murder of Hetal Parekh, a 14-year-old school-girl. The execution encouraged public discussions and fascinated huge attention from media houses. Dhananjoy was imprisoned and hanged. This was the first hanging in West Bengal since 21 August 1991 at Alipore Jail. |
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