South Asian Law Review Journal最新文献

{"title":"Laws Relating to Domestic Violence in India – A Sociological Analysis","authors":"V. Bhardwaj","doi":"10.55662/salrj.2023.901","DOIUrl":"https://doi.org/10.55662/salrj.2023.901","url":null,"abstract":"This paper main objectives are to identify and evaluate What exactly is domestic abuse ? What triggers domestic abuse ? What are the contributing variables that result in domestic violence ? What legislations have been passed so far to limit domestic violence incidents ? Why is domestic violence such a problem in today’s society ? Does domestic violence in society simply affect women ? Why is domestic violence not considered as a serious criminal act in Indian society ? We will also consider reports from various survey which were conducted by different international organizations to analyse the impact of domestic violence in the modern day society ? How does domestic violence pose a serious risk to upsetting family dynamics in today’s society ? Indian domestic violence laws are contrasted with those in western nations . What action is society taking to lessen domestic violence incidents ? What actions are taken by the government to lessen the incidents of domestic violence in the modern day society ? What role has judiciary played in reducing domestic violence incidents ? Has the COVID pandemic contributed to a rise in domestic violence cases in Indian society ? Last but not least , here is what I think about this , the most divisive issue in our culture .","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"191 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134374361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Feminism, Morality and Abortion Rights: A Comparative Study of India and USA","authors":"Manasvi Gupta","doi":"10.55662/salrj.2022.804","DOIUrl":"https://doi.org/10.55662/salrj.2022.804","url":null,"abstract":"Women’s movement have led to liberalization of rights of women. A women’s body and her reproductive system is her own right. But this is a pretence when we talk of women’s right in regards to abortion. Amongst the moral and legal debates of abortion, the legislature and activists forget the rights of a women and her decision of abortion. Her privacy is violated and denied. The subject of her right over her own body and the choice she makes is condemned and over shadowed by a false sense of justice. In American Jurisprudence, had legalized abortion in the United States of America and secured the rights of women over their own body. But today there is a demand to over-rule this judgement by the anti-abortion law activists. It is sad to deduce that the courts that have supported the rights of women are now once again faced with the jurisprudential question of morality and law in regards to abortion laws. The research analyses the dimension of feminism in relation to comparative studies of the present statutes governing abortion laws in USA and India.","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126872937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Constitutional Chaos in Bangladesh: A Journey from Secularism to Islamism","authors":"Md. Ferdows Hossen","doi":"10.55662/salrj.2022.801","DOIUrl":"https://doi.org/10.55662/salrj.2022.801","url":null,"abstract":"Every modern state stands on the separation of state and religion. Bangladesh was born as a secular state with a full guarantee of the right to freedom of religion. Though it started its journey proclaiming itself as a secular state, some political actors in the later course of history pushed the country into an almost Islamic Republic. This paper attempts to figure out what motivated the political actors to begin Islamizing the state by illustrating the chaos that arose from the constitutional modifications in question. It also argues that the basic structure doctrine and the principles of ‘Lemon Test’ turn the laws in Bangladesh, desecularizing the state, unconstitutional. It unearths the religiousness and secularity that our forefathers practiced in their daily lives long before Islam established itself on this land. It further finds the Constitutional Court of Bangladesh as the last resort to have those black laws declared unconstitutional, applying its supreme judicial review power within the current frameworks and limits of the constitution in reference to the landmark decisions of the American, Indian, and Turkish Constitutional Courts.","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124606493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Should Restitution Of Conjugal Rights Be Removed?","authors":"Ruchi Makhija","doi":"10.55662/salrj.2023.902","DOIUrl":"https://doi.org/10.55662/salrj.2023.902","url":null,"abstract":"In India, the societal opinion on marriage has historically been very conservative; divorce is considered to be taboo. Being in line with such views, personal laws are shaped in India in such a way where judges are directed to be very paternalistic; to try their best at reconciliation first. This is clearly mentioned in both, the Hindu Marriage Act[i] and the Special Marriage Act[ii]. In addition, similar provisions relating to the restitution of conjugal rights exist throughout various personal laws[iii]. Jani & Anr. v. Mohammed Khan[iv] and Monshee Bazloor v. Mohammed Khan[v]are some examples of Muslim personal law providing such a matrimonial relief of restoration of cohabitation. Owing to this deeply rooted relief in Indian law, there are a majority of cases which have come to Court requesting this decree to be passed. A majority of these cases have been ruled in favour of the party petitioning for restitution of conjugal rights. However, keeping in mind the changing times and the recent debate on the right to privacy[vi], the law must adapt to the new sentiments of its citizens. Numerous petitions have come about, arguing that such a law is archaic and in violation of the constitutional right to privacy, the most recent one in front of the Supreme Court being Ojaswa Pathak v. Union of India[vii] (2019-date). This topic has become the basis of a debate among Courts. Therefore I explore the question, ‘Should restitution of conjugal rights be retained or removed?’ Restitution of conjugal rights is a matrimonial relief provided to spouses of a valid marriage[viii] under Indian law. The aim of such a law was the idea that the people in a marriage are entitled to the consortium of each other; comfort, affection and aid. This was believed to be fundamental to the institution of marriage. Section 9 of the Hindu Marriage Act, 1955 states, “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.” Let us break this down and understand what this actually means.","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122630418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Polluter Pays Principle As A Principle Of Sustainable Development: A Study In Indian Scenario","authors":"Suryansh Tiwari","doi":"10.55662/salrj.2022.802","DOIUrl":"https://doi.org/10.55662/salrj.2022.802","url":null,"abstract":"The growing consciousness about the environment has led to a lot of debates and studies across the globe on the aspect of environmental deterioration and solutions to protect the environment for future generations. One principle commonly used to affix liability on the polluters of the environment is the principle of polluter pays. It has been used as a common principle to impose penalties upon the polluters of the environment which generally includes the compensation to be provided to the victims of environmental degradation as well as the costs to restore the biodiversity of the concerned place. In the present paper, the author traces the history of the principle and examines its significance, especially in the Indian context. The principle of polluter pays and the precautionary principle has been made a part of Indian environmental jurisprudence by the honourable courts through a number of cases. This paper discusses the application of the principle by the Indian judiciary and the National Green Tribunal along with the limitations of the principle in affixing liability. The issues in the implementation of the principle have also been discussed along with the possible suggestions to improve its applicability.","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124615837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Provisions Relating To Bail Under The Code Of Criminal Procedure In Bangladesh","authors":"Sayedul Husan","doi":"10.55662/salrj.2022.803","DOIUrl":"https://doi.org/10.55662/salrj.2022.803","url":null,"abstract":"The term “bail” was originally taken from the French word “bailer,” which means to provide or deliver. So, bail denotes to release of an accused person from police custody or imprisonment for a while in the hand of a surety and the responsibility of presenting the accused person before the Court whenever necessary has been assigned to the surety. Bail also gives a message to the bailed person that though he is not in judicial custody, he is under the Court’s observation and has to remain sincere to the court proceeding till the judgement of the case is declared. Considering the facts and circumstances, the trial court or appellate Court decides on granting, cancelling or restoring bail. However, keeping in mind the very fundamental right of life and personal liberty ensured by the constitution of Bangladesh, our other statutory laws have made bail provisions to achieve two purposes. First, to secure the accused’s presence before investigation agencies as well as the Court of law and second, to preserve his fundamental right to life and liberty. Thus bail keeps a balance between the two.","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133359742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Constitutional Impediments In Criminal Procedure Identification Act 2022: At A Glance","authors":"Dr. Kapil Chaurpagar","doi":"10.55662/salrj.2022.805","DOIUrl":"https://doi.org/10.55662/salrj.2022.805","url":null,"abstract":"An investigation is a critical component of criminal procedure. Investigation is closely related to collection of evidence and identification of the accused. The Criminal Procedure (Identification) Act, 2022 has significantly altered criminal identification methods. It supersedes the Identification of Prisoners Act of 1920. The concept of measurements was restricted in previous legislation, but it now encompasses almost every biological material as a measurement. The information specified under the Act forms part of the personal data of individuals and is thus protected under the right to privacy of individuals. In 2017 Supreme Court of India in historic judgment has held that the right to privacy is a fundamental right. It may also fail Article 14 requirements of a law to be fair and reasonable and for equality under the law. The important challenges involved in this Act are that data can be collected not only from convicted individuals, but also from individuals arrested for any offence and from any other person to aid an investigation. Compulsory taking of measurements of an accused would come within the mischief of Article 20 (3). Act enables coercive drawing of samples and possibly involves a violation of Article 20(3), which protects the right against self-incrimination. Therefore, scope for arbitrariness is present in this Act which can possibly misused by the police authorities.","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115558552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Concept of Specific Performance and the Rights of Plaintiff Claiming it under the Specific Relief Act, 1877","authors":"Abtahee Muhammad Taha Talukder","doi":"10.55662/salrj.2022.806","DOIUrl":"https://doi.org/10.55662/salrj.2022.806","url":null,"abstract":"Specific performance of the contract is one of the equitable remedies developed in the Courts of Equity in England. The Court grants it by exercising its discretionary power. The Specific Relief Act, 1877 contains the cases where, and how specific performance will be granted and who will be entitled to claim the same. Since it has arose from the Law of Equity, the Court remains cautioned in applying discretion during scrutiny of the fact and circumstance so that neither the plaintiff nor the defendant has to face injustice. The aim of this paper is to understand the concept of specific performance and to address the plaintiff’s rights provided under this Act for seeking specific performance of contract in the appropriate Court of law. This paper shall also make an attempt to describe the discretionary power of the Court along with the relevant provisions regarding related to the specific performance of contract. Some judicial decisions will be cited to reflect the practical applications of these provisions in the Courts.","PeriodicalId":131737,"journal":{"name":"South Asian Law Review Journal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127795218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}