by IJLMH | Sep 6, 2019
Gender is an important factor in all aspect of one’s life. Biologically gender is divided in to two categories male and female. All persons have gender identity which refers to the person’s internal sence of being a male or a female. Transgender or better known as the third gender are people who are different from stereotypes men and women in terms of personality, appearance or behaviour. The term transgender have several meaning the most common is an umbrella term to describe anyone who does not follow the strict rules of society in terms of gender. The transgender community in India highly represented by the Hijras and Kothis. In this research paper the researchers try to show the real picture of the transgender in India and how they get recognition in Indian law.
Keywords: Transgender, third gender, hijras, problems.
by IJLMH | Sep 4, 2019
India is a country where customs and traditions have played an important and crucial role in society. Marriage is one of the divine social institution in society but in last few decades it has undergone monumental changes. Dowry was one of the practices prevailing in Indian Society which was earlier treated as blessing. However it took monstrous form and became a curse for the society and as a result women fell prey to the darkest side of it. Gradually, it became a reason for the harassment and cruelty to women. Endeavour should always be made to sustain the sanctity of marriage as a divine institution, but what has been widely recognized is the violence against women as one of the most pervasive forms of human rights abuse. Therefore, for the protection of women, Section 498A was brought under Indian Penal Code, 1860 by the Act 46 of 1983. However in recent years, it has been observed that women misuse Section 498A of Indian Penal Code for their own personal benefits. This Section has created snag in current state of affairs for men as they are being discriminated. There is a desire of amendment in Section 498A of IPC and a need for bringing up some changes in society so as to remove the curse of misusing the legal provision against men. In many instances, due to the harassment by wives to approach the Police or Court for no reason, men have committed suicide. This research paper tries to analyze the concept of the cruelty against women and also tries to make it evident that there is a misuse of Section 498A of Indian Penal Code, 1860.
Keywords: Section 498A, Indian Penal Code, Cruelty, Misuse.
by IJLMH | Sep 4, 2019
Since ages, Human trafficking has been prevalent in the society. It is a curse for the whole country that leads to unending sufferings which not only lower the physical strength but also feeble the mental status of a person. Growth and development are the words which are unknown to their world. They have to suffer discrimination and humiliation to a large extent. It is a serious contemporary social justice and human rights issue. A recent U.S. government report estimated that as many as 27 million persons around the world are victims of human trafficking. It is highly important to protect their basic human rights and provide them with such environment that paves way for their consistent growth and protect them from atrocities of the world. In the current scenario, though there are various laws and government policies working towards the betterment of such people yet there are various hurdles in the path. Therefore, there is a need to generate a better understanding of an issue like this in order to provide for a status to all the victims of human trafficking in the country and to promote their growth and development. The paper discusses the manifold difficulties faced by the victims of trafficking in India while many of whom face intimidation, shame, difficulty in prosecution, high likelihood of re-victimization in their own country. The paper ultimately concludes that broader, victim-based initiatives are necessary both to assist victims and to provide a firm basis for the future trafficking prosecutions. Thus it aims to analyze the status of human trafficking laws in India and the issues and challenges faced by the victims in the country.
by IJLMH | Sep 4, 2019
With the rising crimes around the world, we have observed that the victims of the crime not only go through physical abuse but have a traumatized mental image to survive with. The victims of the crimes are mostly observed as children and the surviving victims have a lifelong mental impact in their lives. The abuse children go through is beyond our imagination and it also affects their life choices. Even child trafficking for child labour and sexual exploitation not only violates their fundamental rights but also cause a major mental health problem. The physical abuse can be healed by time but the constant mental image of the crime survives and is not something many people focuses on. These abuses cause a lot of change in personality and thinking capability of the victims
by IJLMH | Sep 4, 2019
Almost all the offences in the Indian Penal Code have been carefully defined so that they include the precise evil intent which is the essence of that particular offence. Different words which have been used in the IPC to denote mens rea are voluntarily’, ‘Corruptly’, ‘knowingly’, ‘dishonestly’, ‘Wantonly’ or ‘fraudulently’ or the like. By using these words, the Indian Penal Code gives effect to the doctrine of mens rea. One of the terms used to denote mens rea used in IPC is “reason to believe” which has been defined in section 26 of the IPC as “A person is said to have reason to believe a thing, if he has sufficient cause to believe that thing but not otherwise.” This paper tries to analyse the term “reason to believe” and draws a comparison with mens rea with the help of the decided cases.
by IJLMH | Aug 5, 2019
Indian legal system as modelled on the basis of common law system, meaning judge made precedent oriented law, was not a sudden outcome of a prevailing circumstance, rather the land had went through numerous socio-political and cultural influence thereby becoming a melting pot of varieties. It is as an outcome of these interactions that, the legal system developed. Needless to mention, colonial imperialistic British Rule had dealt a death knell to the indigenous quintessence of the land, had modified under the garb of codification the lex loci of the subcontinent. As a consequence thereof, a situation of deadlock prevailed between the initial laws and the British legal system as administered by the English East India Company.
