by IJLMH | Dec 31, 2020
An extrajudicial execution is the unlawful and deliberate killing of a person carried out by Government forces, or by people acting with the authorization, support or acquiescence of those forces. These killings are violation of the most cherished right to life enshrined in Article 21 of the Constitution of India. It is often alleged that extrajudicial executions are used as an alternative to arrest and lengthy criminal proceedings by on and off-duty law enforcement officers. It is also widely believed that this is a strategy sanctioned by the state to “get rid of militants”. Under the shadow of the Armed Forces (Special Powers) Act, 1958, having enforced in the whole of the State in 1980, large number of suspected militants had been killed in fake encounters by police and armed forces personnel in Manipur during the peak of insurgency. The Extra Judicial Execution Victims’ Families Association filed a PIL in the year 2012, before the Supreme Court of India as a last resort to obtain justice, alleging that no action was taken against any security personnel in respect of those unlawful killings in Manipur and the Supreme Court had directed the CBI to complete investigation in a time bound manner. This paper examines the state of human rights cases in the State of Manipur in the light of the judgment passed by the Apex Court and also suggests measures for delivering justice to families of victims of human right violations.
by IJLMH | Dec 31, 2020
This research paper is restricted within the contemporary “Women’s movement” and addresses itself to the trends and currents within it. The analysis of Islamic and legal texts is undertaken within the framework of feminist jurisprudence. A comparative study on the women rights in GCC and India with reference to UDHR. This research critically analysis the CDHRI in order to show that male centricity still exists in the GCC countries despite promises, which the researchers thinks are pipedreams and just a façade of lies. This Research paper also critique’s the limited rights given to women under the name of Sharia in an international context.
The study is primarily a religious and legal exploration considering the nature of countries involved in the study – the GCC countries and India. The research is based on published material, such as legal texts, law journals, books, reported judgements, official fora of women groups.
The analysis in this paper will be built around thorough research pertaining to the provisions of the United Nations’ “Universal Declaration of Human Rights”, the consequent “Cairo Declaration of Human Rights in Islam” along guidelines from natural law through the lens of Catholic philosophers. In equal measure, the research will be augmented by comparative analysis of constitutional/Sharia provisions (women rights) in OIC member countries (including GCC states, Turkey and Syria) along with non-OIC member state – India, which theoretically is the world’s second largest Muslim country by way of population.
Therefore, the paper will be divided into two parts. While the first part will be assessing the very definition of natural rights from the perspective of western philosophers (Catholic Judaism), which has been relegated to being ‘relativistic’ by non-secularists. In the second part, the researchers will connect the dots by undertaking a comparative analysis of constitutional/ Sharia provisions among selected countries – in light of women rights/ gender equality.
Researchers has restricted to the scope of research to cover personal laws of Muslims and Hindus majorly, while only some references are made to the personal law of Christians and Parsis.
Keywords: UDHR, CDHRI, Women Rights, Sharia, GCC Countries.
by IJLMH | Dec 31, 2020
Rape is one of the greatest offences in criminal law. Usually, rape is committed when there is forceful sexual intercourse without the consent of the other party. But what is the consent is obtain by promising the other party about marriage and then not fulfilling afterwards. It is argued that such consent may come under the ambit of Section 90, which talks about consent obtained through misconception of facts is no consent at all. Several High Courts and the apex court have given judgment which swings both ways. On one hand the even though the consent was obtained under false promise it was not considered to be a rape. This is because of various factors surrounding the facts, like consent was obtain but by an adult, definition of the word ‘Fact’ does not include contingent circumstances, sometimes the consent is obtained because of love and not because of a promise. On the other hand if facts of the case indicate that the intention of the accused was fiction from its inception, acts making the fulfilment of promise near impossible and other such factors is sufficient to prove that false promise of marriage is rape and thus there is no straight jacket formula to judge such types of cases. The paper covers a general overview of the topic through various case laws.
by IJLMH | Dec 31, 2020
The basic question is that a machine, can it think or feel like a human? The digital world comprising of Artificial Intelligence or machine learning is taking over humans and even directing their values and behaviour to certain changes. AI is a science and a set of computational technologies that are inspired by the way people use their nervous systems to sense, learn, reason, and take action. Various sectors of the world have been benefitted and are urging towards the need of having fully automated systems in all the sectors. However, there is an apprehension that this initiative can lead to a disastrous result as the data fed to the system may be used for harmful things and there is no guarantee as to, the data will be stolen like nothing can be given out of a human mind unless the human wants it to share. In this scenario, it has become a fundamental concern that every requisite innovation is socially preferably and justifiable. The most important and relevant debate going on is on Artificial Intelligence and Law going hand in hand, the challenges that will be faced by the legislators, courts, judges, lawyers, and even the layman are discussed in this manuscript. This manuscript is dedicated to an in-depth analysis of the challenges and impact of Artificial Intelligence.
by IJLMH | Dec 31, 2020
“No legal system can maintain justice unless every participant magisters, prosecutors, Legumes, defendants, witnesses, all risks life itself in whatever dispute comes before the bar. Everything must be risked in the Court arena. If any element remains outside the contest and without personal risk, justice inevitably fails.”
― Frank Herbert, The Dosadi Experiment.
The Novel Coronavirus or the COVID 19 has wrecked down the across late since the year of 2019. The transmission of the disease harmed more about 200 different countries which affected economical, social, and physical realities. This infectious virus to which there is not a known vaccine or an antidote has lobbed an unprecedented challenge to nationals as well as to international governance systems. Many restrictions which laid down has disproportionally affected the individuals who are already the most vulnerable. The role of the Judiciary as an enforcing authority and as an overseer to tackle the pandemic becomes more crucial. It is explicit that the situation demands to risk court arena to deliver justice to the seeker, if the court is restraining to take a personal risk the justice will inevitably fail as Frank Herbert quoted. This research understands why justice will inevitably fail if the court fails to face this situation as it demanding and to what extent this global pandemic affected the smooth functioning of the judicial body, Whether the Justice Institution fails to deliver justice as this novel virus is an unprecedented challenge before the Judiciary or Whether its taking ample steps to deliver Justice. Moreover, this work analyzes the extent to which the Judiciary utilized its extraordinary power to look into the concerns of the NRI’s. And also this discussion is to recognize and understand did the Supreme Court being an apex court exercised its power to secure the rights of the citizen and migrant workers while also focusing on the shortcomings in the procedural aspects of the court.
Keywords: COVID19, Novel Virus, Judiciary, Justice, Citizen, Non Resident, Guidelines, Legal System, Disputes, Antidote, Infectious, Role, Constitution, Migrant Workers, Litigation, Complaint, Procedure, Constitutional Rights, Suo Moto, Governmental Actions, Court, Challenges
by IJLMH | Dec 31, 2020
Plodding but palpable and perilous decline of tangible liberal democracies and they being steadily swapped by authoritarian governments, in the veil of popularist and national liberals, is a deplorable but unpreventable state of affairs in this day and age. The predicaments in non-partisan egalitarianisms is often seen through the most prevalent prism is the concept of ‘populism’. The involvedness and heterogeneity of populism makes it problematic to generalize about its insinuations for democracy in contemporary period. Individuals have turn out to be ‘more cynical about the pre-eminence of democracy as a politically aware arrangement, less hopeful that anything they do might influence public policy, and more enthusiastic to express support for authoritarian alternatives’
