The separation of powers is normally perceived as a protected teaching that isolates government into self-ruling establishments liable for performing particular capacities. The most widely recognized framework isolates government into authoritative, leader, and legal branches. As indicated by this model, the authoritative force makes laws, the leader power upholds laws, and the legal force deciphers laws. Each branch hypothetically performs just its own capacity, and the people working inside each branch ought not simultaneously work in another branch. The principle legitimization for isolating powers between autonomous branches is to keep any individual or gathering from amassing exorbitant force and controlling domineeringly.
To relieve the spread of covid 19 , governments of all the countries mainly countries where effect of covid 19 is quite high and death rates are increasing day by day have taken emergency measures that restrains several individual freedoms, social as well as economic rights and world wide solidarity. These regulatory measures taken by the government is to have control over covid 19 till the time every country come up with any solution or vaccine for covid 19 virus, have closed certain things where their are more change of Public gathering and places where the virus may grow fast and effect the person such places like schools, transit systems and workplaces, prohibited public gatherings, introduced mandatory home isolation for all the citizens and installed large-scale electronic surveillance. even the government introduced us to lockdown, step like lockdown across the countries are mainly taken where their are chances of situation to go out of control .In doing all of this, several human rights obligations are barely addressed, notwithstanding how altogether they are affected by the pandemic reaction. Human rights norms and principles should direct the government responses to COVID-19, with these rights strengthening the public wellbeing reaction to COVID 19.
Male dominance in our Indian society was prevalent for a long time. But it did not extend for an uncertain period. Presently, if we see the position of men it’s deteriorating in terms of equality, safety, reputation etc. A clearer picture of the same is voiced through this paper. From our minds to our laws, everything has been unidirectional. It is time to show the people and to the law of our nation, what “Equality” actually implies.
We, the people of INDIA; citizen of secular but multifarious religious country. Most popularly India acknowledge as the land of spiritual belief, philosophical thinking and its unique culture in the world. India’s culture is among the world’s oldest civilization and describe it as “Sa Prathama” which means the First and Supreme Culture in the World. Where tradition and religious custom is an intrinsic part of Indian’s life, and play Indispensable role in Life from Birth to Death. Albeit all these religious belief and custom Indispensable concurrence, we should not forget that India cogent ‘Constitutionalism’ rather than ‘communalism’. Where each and every step taken by the public, social and religious Institution has to be in the constitutional ambit. Moreover while considering the tradition and custom of society, every practice of culture, custom and faith must have to meet the constitutional purview and unwarrantable if someone transcend or encroach the law of the land. Popularly it has been said that ‘custom may or may not be moral’ but ‘laws are always moral’. But this does not mean that our constitution is harsh, heartless, and emotionless; it is a passionate seeking for human and social upliftment. Therefore laws always respond with care, compassion and empathy for the citizen of India, especially those who are at the receiving end of a discriminative practice, socially weaker and vulnerable section of society, disregarding society’s majoritarian impulse. It is the duty of the law to become a arbitrator when there is disputes or conflict between the violation of rights of weaker section, the rule impose and justified by the majority in the name of so called ‘custom’ and tradition’.
All organized societies of the world have legitimatized rules to govern themselves. Most of the countries in the world have incorporated the principle of Rule of Law this term was expounded by A.V. Dicey in 19th century, it says that Law of the land shall be the sovereign and it should be same for each and every individual residing at that land. Similarly all states have laws to govern the society and the nation in form of constitution. Among all types of laws the criminal law is only one of the devices by which organized societies protect the security of individual interests and ensure the survival of the group. The regulation of civil life is enforced by ordinary police powers, and the sanctions available through tort actions. The law enforcement agencies like police force, army, paramilitary forces etc are the ones safeguarding the law, they are the one who take the immediate action after the commission of the crime at a place they arrest the suspect and then begin with the further investigation into the matter. This article focuses on the definition, need, codification of criminal law and also its comparison with civil law in the below given sections along with the case laws for a better understanding of the topics included within the article.1 (Source: Hans-Heinrich Jescheck Jerry Norton n.d.) https://www.britannica.com/topic/criminal-law retrieved on 22 June)
White-collar crime is a non-violent crime where the primary motive is typically financial in nature. White-collar criminals usually occupy a professional position of power and/or prestige, and one that commands well above average compensation. The concept of white-collar crime found its place in criminology for the first time in 1939 when Edwin H. Sutherland first published his research paper on white-collar criminality in the American sociological review. Sutherland defined white collar crime as a crime committed by persons of high social status in course of their occupation. e.g. - misrepresentation through fraudulent advertisement, infringement of patents, copyrights, and trade-marks, a publication of fabricated balance sheets and profit and loss account of business, etc. White collar crimes are committed by persons of status, not for need but for greed, Sir Walter reckless Sutherland further pointed out that white-collar crime is more harmful to society than ordinary crimes because the financial loss to the society from white-collar crime is far greater than the financial loss from burglaries, robberies, larcenies, etc. "White collar crime" can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain. The most common white collar crimes are various types of fraud, embezzlement, tax evasion and money laundering. Many types of scams and frauds fall into the bucket of white collar crime, including Ponzi schemes and securities fraud such as insider trading. More common crimes, like insurance fraud and tax evasion, also constitute white collar crimes.
The Justiciability of social rights, looking particularly at the Right to Water as part of the all-encompassing Right to Life. In India, the Right to water has been protected as a fundamental human right by the Indian Supreme Court as part of the Right to Life guaranteed under Article 21 of the Indian constitution. The right to life has been expanded significantly over the last three decades to include the right to health and the right to a clean environment which can include the right to clean drinking water. In India, there have also been significant developments in protecting the Right to Food through judicial intervention. The Right to Food has been specifically enforced under the Right to Life guaranteed to all citizens under Article 21 of the Constitution by the Supreme Court of India. By protecting the right to food, the Indian Supreme Court not only gave a declaration as to its justiciability, but through its orders also directed the state governments to positively provide mid-day meals to children in state schools and to implement food schemes. Can this protection of the right to food be extended to guarantee access to water under the protection of the Right to Life? I argue that it can be extended. If protection of rights mean not only the negative protection of violation of rights, but also positive protection, then I argue that the right to water can be extended not only to mean that people should not be denied access to water but also that in areas where no access to drinking water is provided by the State, the constitutional Right to Life guarantee would impose a duty on the State to positively provide water.
This research article deals with the topic ‘Atrocities against religious minorities and communal violence in India’. Minorities in our country include Muslims, Sikhs, Christians, Buddhists, Parsis, and Jains. As per the Census 2011, the percentage of minorities in the country is about 19.3% of the total population of the country. The population of Muslims constitute 14.2%; Christians 2.3%; Sikhs 1.7%, Buddhists 0.7%, Jain 0.4% and Parsis 0.006%. (Ministry of government affairs, 2011). Since the beginning of mankind, human beings have had differences and still managed to survive through them. India, for instance, has been known for its diversity and contradicting beliefs worldwide. A society that has differences is bound to have clashes among itself, and we witness that daily. Instances of communal and caste-related violence are common, and therefore, it is important to acknowledge and talk about them. This paper will discuss the prevalent conditions of religious minorities in the context of crime, harassment, discrimination, living conditions, and the kind of treatment received from society. The key finding of this research paper is the cause behind the rise of communal hatred, the failure of authorities to investigate the crime and convict the guilty, and the solutions to fix the problem. It will also talk about the chronology of atrocities against certain communities at different points in time. The issue which is being dealt with is of prime importance because cruelty against any community just because of its mere identity or a set of beliefs is a sheer violation of human rights and stands against the spirit of the Indian constitution.
It is a very well-known fact that most of the sovereign nations and many democracies around the world considers sedition or crime against the integrity of the state as a very serious offence and has strong legislation to deter the same and punish the offenders who practice it. Concurrently, we all are aware that the right to free speech is a fundamental right in a democracy. In the Constitution of India, Article 19(1) gives a citizen the right to freedom of speech and it is considered as a very significant element for our nation to be called a democracy. However, there are certain limitations to it. Sometimes, this right may be used beyond limits that may lead to the crime of sedition. Contemporarily speaking, there have been numerous sedition cases filed against people who exercised this right resulting in the misuse of sedition laws by the influence of political clout. It is an issue in recent times that people who criticize the mistakes of the government are charged with sedition crimes. Therefore, being a part of the legal industry it a very important need that one has to learn the perfect balance between the freedom of speech and sedition to preserve the fundamental principle of a democracy which is dissent. This research would mainly focus on analyzing the conflict or clash between this right to free speech and sedition and check if these laws are interpreted and enforced in the right way in which it was meant to be. Also, the significance of this research is to criticize if the majoritarianism has taken over constitutionalism under the context of free speech. Through this discourse, the researcher would thus bring in landmark cases, judicial precedents by constitutional benches and opinions by eminent authors to bring light to the issue of the research in hand.
This research paper confer about the child’s rights and the contribution that the child have in the society. This is every child right to say at the matters that affects its lifestyles. However, some youngsters are either too young to make good decisions. This research paper discusses on these rights and to what extent the kids can decide on their manner of existence. Generally, early childhood is acknowledged as the most important stage of human life, demanding special care, attention, and protection. In these early years kids are vulnerable to numerous conditions about discrimination, poor health, violence and sexual abuse/exploitation and trafficking. Frequently children surrender to environments and easily get exploited because of their immaturity, lack of information and experience. It is a tough truth that in various cases, they are exploited by the dependable members accountable for their care and safeguard. Consequently, in order to safeguard children from these problematic situations they have been rendered special rights. These rights are conferred upon children as early as the prenatal stage.
We human beings are living in 21st century, were we have develo1ped immensely in the field of medical and science we have discovered, many medicines to cure and control vigorous diseases like cancer, diabetes, aids etc. Human beings are being given this special name as human beings because humans are ‘being’ which means, that humans are living continually they keep their selves busy in one or the other activity hence they are named as human beings. As we keep our selves alive by living our life. Many a times human beings suffer through some of the incurable diseases, or rather that type of disease which can be cured but to cure those harmful disease, humans have to go through lot of painful process and have to bear a lot of physical, mental as well as emotional pain and yet sometimes till the final outcome the treatment might not be positive.
Manual scavenging is the removal of human excrement from public streets and dry latrines, cleaning septic tanks, gutters and sewers. It is an old topic as it is a draconian practice which still prevails in India and clearly shows caste discrimination, untouchability and violation of Human Rights. The Authors in this essay discuss how caste is used as a means of oppression for centuries, all the legislations and judiciary decisions that have led to the current standing of manual scavengers, prospects of change in those, and some solutions that will lead to a better life for the workers.
The two regimes of the outer space, and the international maritime region, have been the most interesting to analyse. They are two extremes, yet the similarities are numerous. The main focus here in this paper is the interesting commonalities that can be identified in the common issues facing these regimes, as well as the application of specialized laws that can be utilized to address and resolve these issues. These commonalities have been streamlined to focus on the issue of ‘pollution’. The orbital or the space debris, as well as the maritime pollution, are grave causes of concern. Upon analysis, taking their intersection further is the effect of one on the other – the space debris in the ocean, increasing the gravity of concern in the maritime region and its increasing pollution.
This article endeavours to understand the legal validity of Prenuptial Agreements in the context of Indian Contract Act, 1872. First of all, the article introduces the term Prenuptial Agreements and covers the essentials for its drafting and formation. Sufficient stress has been laid upon the significance and the need of Prenuptial Agreements in the 21st Century. The terms which may be included in a Prenuptial Agreements have also been covered. It explores the current global scenario of Prenuptial Agreements around the world and draws a comparison with the current legal scenario of India. Further, the hurdles to the validity of Prenuptial Agreements have been investigated, with respect to Public Policy and Restraint to Marriage. The concept of Public Policy has been discussed in depth as the practices of different religions have been observed. Validity of the Prenuptial Agreements with respect to the clause of separation given in them has also been elaborated. Sufficient cases have been relied upon to highlight the precedents set by the courts. Further, some of the important cases have been referred to enhance our understanding about the present status of Prenuptial Agreements in India. Lastly, a conclusion has been drawn and suggestions have been made to rationalise and direct the steps that could be taken ahead.
Violence against children is one of the biggest problems affecting families and societies. It includes physical and emotional abuse, neglect and exploitation, such as through child pornography or sex trafficking. It happens all around the world, in all countries and societies; all too often, it happens in the family. Violence against children has lifelong impacts on health and well-being of children, families, communities, and nations. International law, by virtue of UN Convention on the Rights of the Child & the Guidelines for the Alternative Care of Children, clearly establishes that every child has right to protection against violence. India at National level has passed various laws for the protection and prevention of violence against child. Yet violence against children persists. As per the report of National Crime Records Bureau for 2016 -2017 crimes against children rose by 20% which is higher than overall number of crimes which rose by 3.6% . Studies have suggested that prevention of crime against child requires systematic handling of risk and protection at four level: individual, relationship, community and society. Ten International agencies under the leadership of World Health Organisation (WHO)have developed and endorsed an evidence-based technical package called INSPIRE. It includes seven strategies that together provide a framework for ending violence against children. Wide implementation of INSPIE will also help countries and communities to removeachieve Target 16.2 , Target 5.2 , and Target 16.1 of Sustainable Development Goals (SDGs) . India represents one seventh of the world’s population, the world cannot achieve targets of SDGs without India’s
Water is the central for the well-being of people and planet and forms the essence of life. Its importance stands to be in a position that forms the very indispensable basis to sustain life and health and also acts as the key to sustainable development. As the Climate Change emerges as the non-ignorable crisis of today, response to the issue remains to be incomplete without addressing the problem of safe drinking water and sanitation. Though water stands to be indispensable for leading a life of human dignity, yet we see that millions of people fail to get access to the safe drinking water and improved sanitation. Though it is the fact that 72% of the earth’s surface is made up of water, yet the accessibility of water emerges as a challenge with limited time. Though water stands to be our human right, yet the people continue to be deprived of their right to safe drinking water. Though the importance of water is known to everyone, yet we fail to understand its value and to maintain a balance. Though the duty of providing access to water has been legitimized by the laws laid down by United Nation, yet a major part of the world’s population still struggles with the crisis. Thus, it shows that an integrated global agenda is still left to be laid down by the governments of the world and optimum implementation of our vision of sensitizing the right to water is what the present crisis calls for.When we talk about the efforts towards spreading awareness about right to water, the bend of the United Nations towards addressing the issue of safe drinking water and sanitation and implementing policies and laying down laws can never be ignored. Starting from the first step which is the adoption of General Comment No. 15 specifically on ‘Right to Water’ by the United Nations Committee on Economic, Social and Cultural Rights that focuses on the concept of accessibility, availability, affordability, acceptability and safety, till reaching a milestone in July 2010 about making the right to have access to enough water as the right of every human, the United Nations have continuously work laid down various mechanisms to ensure right to water. With the launch of the ‘Water Action Decade- 2018-28’ as a part of the United Nations Sustainable Development Agenda, efforts are being made to shift the focus of the governments around the world on the achievement of water-related goals and targets, yet the Government around the world continues to fail in keeping their promises.Talking about the water condition in India, the 2018 Chennai water crisis can never be ignored. With the declaration of “Day Zero” by the Chennai city officials on 19 June 2019 due to the drying of all the four main reservoirs supplying water to the city, the grave intensity of the water crisis was realized by the country and with becoming an eye-opening event for the government, it clearly indicated that ‘now or never’. Thus, the present paper shredding some light upon the less efficient legal framework of water laws mainly focuses on the present need of a strong system of water laws in India and hence makes some recommendations for the same.
Arbitration is one of the best ways for dispute resolution. It has many important features likewise expedience, secrecy and selection of arbitrator who is an expert in that particular field of dispute. When we talk about disputes in Oil and Gas sector, technicality of the matter plays a vital role. Here the fact that in arbitration the parties to the dispute can choose the arbitrator, with mutual consent, who has an expertise in the Oil and Gas sector helps to resolve the dispute with proficiency. This article will also deals with different type of disputes in Oil and Gas sector like, State v/s State disputes, Company v/s State Dispute (Investor-State dispute) and many more. Like any other dispute resolution process, while we examine the details of arbitration as a dispute resolution process in Oil and Gas sector, there exists some procedural issues and limitations about which the article deals in detail. This article also contains some recommendations which might help to make the arbitration process in Oil and Gas sector more smooth and simple. It is evident that there is increase in the number of BITs and arbitration clauses in Oil and Gas sector because it is more favoured way of dispute resolution for companies as well as States. Keywords:- International Arbitration, Oil and Gas Sector, BITs, Investor-State Dispute, Arbitration Clause.
INTRODUCTION. It would not be an incredulous anecdote witnessing a woman writing offensive articles to advocate for her fundamental rights. Male dominance and misogynistic beliefs have jeopardized legal existence of women ample times, pushing her to extent. So much that the world is overly-accustomed to a lineage of female-led rebellion curated to overthrow arbitrary gender regulations. Wasn’t it Rosa Parks’ sterling rebel where she peacefully refused to surrender her seat in a bus? (A rather symbolic revolt in exercise of her rights.) Or, an undaunted Pakistani girl, Malal Yousafzai, looking at the world from behind a niqab, but who dared to question Taliban in the eye, “how dare you take away my basic right to education?”. The episodes of insurgency sparked by women might be inspirational but the state of affairs has remained disappointingly static. The quantitative figures of gender-based violence speak volume about the audacious Indian society, yes, I am brazen enough to blame our hypocritical society with women-oppressive traditions that throw them hundred places back on the equality graph. We wear the badge of honour of symmetric secularism and diversified traditions, however, failing miserably to notice the iron-wrought chains these traditions form around our women’s hands- an ironical perspective to her individuality.
Case Comment on Qeen-Empress vs Abdullah on 27 February, 1885 A person who is about to die would not lie, as truth sits on the lips of a person who is about to die....! The Declaration of Dying is admissible because testimony is hearsay evidence. This piece of hearsay testimony is admissible as an exception to the standard rule of proof that hearsay evidence is not eye-of-law evidence and can be rejected as a general rule that it must be valid evidence in all cases. However, there are four categories of people that are not called before the court as witnesses nor are subject to cross-examination, with one exception to this law. They are those who are deceased, those who cannot be discovered, those who have been unable to supply proof and those whose life cannot be accessed even after fair pause or cost. Written or verbal declarations of relevant facts made by a person who is deceased or unable to prove himself, or who has been unable to supply testimony, or whose presence cannot be procured without pause or cost, which, in the circumstances of the case, seem to the Court to be unfair, are, in the following cases, themselves relevant facts. The justification for permitting such evidence is that of necessity and it might not be necessary to apply the cross-examination test to such evidence. But the conditions prove that they are accurate and trustworthy in their claims. Dying Declaration: It applies to declarations made by a person as to the cause of his death or the conditions leading to his death. Section 8 of the Evidence Act applies to any evidence that demonstrates or constitutes a reason or preparation for any fact at issue or that is important to an associated fact.