by IJLMH | Aug 29, 2018
“It may be true that the law cannot make a man love me, but it can stop him from lynching me, and I think that’s pretty important.”
― Martin Luther King Jr.
The Supreme Court’s recent guidance to the Parliament to draft a new law to punish offenders participating in lynching created a huge pandemonium in the Country. Many political groups showed resentment against this long-desired judgment. Various debates were reported to have occurred in the Rajya Sabha on the question, whether there is even a need to enact a separate law against lynching or are the existing laws enough to deal with the crime. But before beginning a pandora of discussions on it, it is important to first analyse the concept of lynching, its evolvement and the reasons for its “supposed sanction” both in the earlier and the current times. This article mainly discusses the recent judgment of the Supreme Court of India (Tehseen S. Poonawala vs. Union of India) directing the Parliament to draft a new law to stop lynching. The paper begins by analysing the concept and tracing the origin of lynching. The paper further examines the statistical data of the past mob killings in India and concludes by analysing the above-mentioned Judgement of the Supreme Court regarding lynching.
by IJLMH | Aug 29, 2018
Human rights is such a field which is gradually gaining the attention of many, but when it comes to such rights of prisoners the whole concept somehow vanishes and what remains is just the term “prisoners”. Even in this 21st century where we strive to grant equal rights to everyone and different nations giving eye catching statements about democracy and equal treatment, there is hardly any attention being diverted towards such basic human rights of prisoners. Everyone seems to have forgotten that these prisoners are still human beings like us and deserve to be treated equally. There are a number of laws and legislations emerging from both domestic and international organisations, yet why is that no one is actually getting any noticeable results from the same? In this paper we have critically analysed the conditions of these prisoners with reference to cases showing how their basic human rights are being violated. The information about the available provisions which are supposed to be followed are stated and the main focus of this paper is to somehow make people aware of the conditions these prisoners are living in and to educate people about why and how their rights must also be protected. We have adopted a structured approach stating what actually these rights mean, how they are violated and finally how these rights can be protected. The issue of human rights of prisoners is quite eye catching and is something which can attract different views from different people from all the spheres of life. Focus of this paper is to make every person whether a layman or an expert in this field aware of the importance of such rights.
by IJLMH | Aug 29, 2018
“Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.”
Human beings are rational animals and hence every human being by the very virtue of his birth is entitled to certain basic, inalienable rights which are also known as ‘Human Rights’. They not only ensure to establish ones identity as a human being but also make sure that humans are treated in a right and dignified way by every element in their surroundings. Nature is no exception to this rule and so right to a clean, healthy environment holds a special place to be one of the rudimentary rights of human beings. Our Indian constitution not only takes pride in being a extensive document but also as the one having specific provisions with regard to environment and its protection. But in all these attempts to exercise his rights, man is not on the same page with nature.
With the advantages of development and new innovations also come the disadvantages. But whether we are really using our intellect and conscience to keep the balance between nature and development is an aspect which needs introspection. This paper attempts to highlight the level of environmental degradation caused due to human interventions and to ameliorate human mindset through judicial decisions and doctrines for the sake of present and future generations.
This paper tries to analyze the various rights available to humans in a plethora of documents and legislations with respect to natural environment and its use, misuse and violations by the right holders.
by IJLMH | Aug 29, 2018
This paper attempts to unravel the practicality of a scenario where the offences of Mob lynching will be governed by a special anti-lynching law. In the contemporary times, there have been a lot of incidents where the basic principles of law have been violated as a particular sect of society took law in their own hand to punish what according to them is wrong. This is an alarming situation. The increasing number of mob lynching offences is directly a threat to the peace and communal harmony of the nation. This paper deals with the enactment of a law by the parliament which will be in lines with the Supreme Court (‘the SC’) guidelines on mob lynching. The court wants to imbibe fear in the mind of would be lynchers and this essay explains how a special law will be very effective in such a scenario. This essay proves, though IPC covers all the theoretical aspects of mob lynching, still why we need a special law. This essay also deals with the incompetency of the administration and the police in dealing with such offences and explains how a new law might be a good start to end this horrendous culture plaguing the country.
by IJLMH | Aug 29, 2018
The paper will be discussing whether colonization has any effect in family law development of a colonized country like Malaysia as compared to a non-colonized country like Iran. These two countries have a common factor of Islamic law having dominance in personal law sphere. It will showcase how the development of Iran had a different kind of revolution while Malaysia is still in a colonization hangover and is finding its own identity along with external and internal factors shaping its institutions. The main argument is that colonialism introduced a secular feature to colonized Malaysia whereas Iran underwent absolute Islamisation of country’s institutions. Colonialism was instrumental in institutionalizing laws and creating structures and courts but such creation can also be observed in Iran. It can be said that western influence was too strong a wave for any country to remain unaffected from as shadows of this influence can similarly be seen in Iran. Even though Islamic Ideology is commendable can it be that this can be seen as a polarized position with no space for diverse views as blindly following one ideology has its own repercussions..
by IJLMH | Aug 29, 2018
“Necessitas non habet legem” Necessity knows no law, and hence, the inability to procreate and propagate one’s species has driven people the world over to explore the world of assisted reproductive technology; particularly, surrogacy. Every essential process in the world with the scope for human interference begs us to question the ethical, social and practical aspect of it all. Surrogacy, a practice which actually has so many benefits, is a topic that is under intense debate today, due to the simple fact that the room for exploitation and manipulation of parties involved in surrogacy is too much to leave to chance. Commercial Surrogacy, was recently banned in India, sparking a fire of protest and debate throughout the country. Although the Surrogacy (Regulations) Bill, 2016, was passed two years ago, it remains a subject of unresolved debate.
The authors of this paper, in the entirety of the paper, address the issues surrounding the practice as well as point out that the demerits of a complete blanket ban on surrogacy are a whole lot worse than the demerits in the alternate scenario. The authors believe that the argument essentially boils down to the contravention of Article 23 and 24 of the Indian Constitution, in comparison to the contravention of Article 14 and 19; the best among the worst case scenarios.
The authors believe that rather than imposing a blanket ban which seems draconian in itself, the government should seek to amend the Surrogacy (Regulations) Bill, 2016 to ensure that a strict legal framework is in place and all surrogacy matters are dealt with by competent individuals to ensure minimalistic, to no violations of Article 23 and 24, the right against exploitation.
In conclusion, the authors believe that policies made with the fear of human intervention in mind are often in vain, and thus a stand should be taken with respect the issue of surrogacy.
