by IJLMH | Mar 3, 2021
This literature review aims to study and analyse the work of Harper lee called to kill a mockingbird. The prevalent themes in this novel are racial inequality, ignorance, rape, innocence, subjectivity, justice. The timeline of the story is set in the 1930’s in the fictional town of Maycomb, modelled after the southern town of Alabama which is a pivotal indicative of the rural backward thinking of its populace and double standard. The narrator of the novel is the daughter (jean louse Finch) of the protagonist Atticus Finch. The central focus of the story begins at the courtroom scene, wherein Mr. Finch the criminal defence attorney for Tom Robinson an African American man accused of alleged rape and brutality. The proceedings of the case unfold serious and sensitive subjects that are a shock to the system, and the failure of the broken American justice system is at the heart of this novel.
In this review, the subjects explored would include racism, prejudice, ignorance, criminal with their effects and repercussion on and of law/criminal procedure in intricate detail. Along with which a parallel study will be drawn between the justice system then and now as well as the system in India and America.
Keywords: Racial inequality, rape, proceedings, criminal procedure, justice system.
by IJLMH | Mar 3, 2021
The society is growing everyday and growth is all about changes and developments towards the better. One such major development done in the Indian societal structure was the striking down of Section377 of the Indian Penal Code which criminalized unnatural offences in its terms. But those which is unnatural for some is completely natural to others.
But the changes that were expected did not come with the Judgment of the Court.Changes are to be incorporated in real within the people, in the society. Acceptance of this great decision of the court still seems very difficult for the Indian masseswho believe to have their roots of culture in the long histories of centuries. After the decriminalization of section 377, the next step on the road isthe development of this newly identified community-LGBTQ and the recognition of their relationships which can be achieved through the way of marriage.The researchers in this paper try to deal with the scope and boundaries of the people of this community. The paper will deal with the problems that is faced by this community and their social acceptance, the historical aspects, different religious sentiments,and different topics will be brushed upon. Also, there are many issues that can also be dealt with if acceptance of these marriages can be positively done and the paper highlights them too. This paper will try to find solutions to the many questions that are supposedly raised on the validity of LGBTQ+ marriages in an oriented manner.
Keywords: LGBTQ, Sec 377 IPC, Marriages, Adoption, Development.
by IJLMH | Mar 3, 2021
Media format is one of the techniques through which important information is disseminated from original source to its final receiver. Before we proceed with choosing the right media format. Let us discuss what does the term media means. Nickolas Luhmann “defined media as “those institutions which make use of copying technologies to disseminate communication.” Luhmann captures the “efficient” or “economical” aspect of mass media. Media are anything, “provided that they generate large quantities of products whose target groups are yet undetermined.” The history of media can be traced back to 12th century where news was communicated from one mouth to the other. Merchants, Traders, and Travellers travelling to far lands fetched information on various subjects. In the 18th century newspapers and magazines were the primary sources through which information at large extent can be communicated to masses. However, years later as the technology has undergone a major revolution there are various ways in which information can be disseminated. Development of radio communications, satellite navigation and better connectivity helps us in providing with the real time update of any event around the world. One of the primary examples of this is the cricket match which can now be live streamed from any device right at the comfort of your home. Many news channels and newspapers which had conventional ways of imparting news have now shifted their focus from the traditional to modern approach. Many news applications provide you the news in a consolidated form instead of reading the long articles. As the technology has undergone a major evolution there are numerous media formats through which story or happening of an event can communicated to the public at large without any delays. Through this article we would like to elucidate various media formats and how to choose an appropriate format.
by IJLMH | Mar 3, 2021
State immunity deals with a State, its governmental officers and agencies. It relates with the most fundamental issue as whether a state is immune from judicial processes of its own courts and courts of other nations. The concept is derived from the maxim “par in parem non habet imperium” i.e. equals do not have authority over one another. Moreover, the concept of state immunity is also dealt with respect to Hohfeld’s analysis that describes relations of immunity with disability.
Basically, there are two types of immunities – absolute and restrictive. The former refers to the privileges and exemptions, granted by one state through its judicial machinery to another, against whom it is sought to entertain proceeding, attachments of property or the execution of judgements. On the other hand, the later doctrine makes a distinction between acts performed in exercise of sovereign authority which remain immune and acts of a private or commercial nature in respect of which proceedings in national courts may be brought. The immunities granted can also be revoked as provided under the Vienna Convention. This waiver can be classified as Implied and expressed waiver.
The current trend is additionally inclined towards the restricted approach where countries have curtailed the likelihood of immunity for a remote State in their jurisdiction either by way of legislation or court decisions; there is justification that it is now well structured. This provides a new impetus for clearly determining state responsibility and international liability because the principle of state immunity has become well defined due to the restrictive approach.
by IJLMH | Mar 1, 2021
Many post-colonial states have to confront numerous jurisdictions, cultural and religious diversity, and states are frequently unable to harmonize struggling factions after independence. This leads to unequal, religious differences in standards that give way to subverting international human rights, particularly for women, and leads to situations that are theoretically unconstitutional, yet still real in democratic states. The multiculturalism-based states also face the problem of equalizing values that emerge out of contradictions between advocates of cultural pluralism and states that are dedicated to guaranteeing constitutional and equitable rights.
The purpose of this article is to clarify the implications of the Universal Civil Code and to put it into line with the introduction in Indonesia and achieve the possible convergence of all civil laws inclusive of religious distinctions as conceived by the Indian Constitution under Art. 44.
by IJLMH | Mar 1, 2021
Obligation overhauling is an unmistakable issue looked by all the creating nations, it is basic that these nations have a powerful instrument to deal with their general obligation and that their obligation recuperation frameworks are able to deal with the requirements. Numerous ongoing enactments in India, for example, the DRT Act, The SARFAESI Act and corresponding have been ratified and came into potency to take charge these necessities. Debate is that whether these changes have accomplished their objectives , regardless of whether they are sufficient to bring off all worries and what all alterations are required assuming any?. The representatives of bourgeois and industrialist along with some think tanks are of the opinion than an audit of frame work is required?
