International Journal of Law and Social Sciences最新文献

A Legal Approach on India’s National Emergency Provision 关于印度国家紧急状态规定的法律方法

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.79

Avni Jain

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引用次数: 0

The Role of ADR in Resolving Disputes Related to Medical Negligence 替代性争议解决机制在解决与医疗疏忽有关的争议中的作用

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.82

Divyansh Singh Sisodiya, Satyam Dwivedi

{"title":"The Role of ADR in Resolving Disputes Related to Medical Negligence","authors":"Divyansh Singh Sisodiya, Satyam Dwivedi","doi":"10.60143/ijls.v9.i1.2023.82","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.82","url":null,"abstract":"In today’s fast-paced world, a rapid rise in instances of Medical Negligence has been observed since the last decade. Cases of Medical Negligence happen when healthcare practitioners like doctors, and nurses, or when any hospital deviates from its standard duty of care, the consequence of which results in harm and injury to a patient. Due to the failure of medical professionals to exercise due care, individuals and their families may pursue recompense for the injuries suffered as a result of the misconduct and negligence exhibited by doctors, nurses, or other healthcare practitioners. The disputes related to medical negligence are generally settled by the traditional justice system i.e., Litigation which involves appearing before the Hon’ble Court and having a Judge decide on a particular dispute in question. In light of the protracted and costly nature of our nation’s legal system, which often yields results that may not meet the parties’ desired outcomes, alternative dispute resolution (ADR) mechanisms, including arbitration and mediation, have emerged as prominent approaches for resolving medical malpractice disputes involving healthcare practitioners. These ADR procedures are currently considered as feasible alternatives to the extended and expensive litigation procedure. ADR mechanism enables disputing parties to let them resolve their disagreements outside the court in a more cooperative as well as efficient manner. A mediator is a neutral third party that encourages conversation between opposing parties and eventually assists them in reaching an equitable settlement agreed upon by both disputing parties. In contrast, a neutral third person, known as an arbitrator, participates in the arbitration court and listens to the evidence of the parties engaged in the dispute before making a binding judgment on the case’s conclusion.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"8 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139809559","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}

引用次数: 0

Marital Rape: An Impediment on Women’s Right in India 婚内强奸：印度妇女权利的障碍

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.85

Pratibha Sahu

{"title":"Marital Rape: An Impediment on Women’s Right in India","authors":"Pratibha Sahu","doi":"10.60143/ijls.v9.i1.2023.85","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.85","url":null,"abstract":"Women in India have not yet achieved equality or are able to fully exercise their rights as a result of the patriarchal structure of the country. The marriage relationship also reflects this imbalance which is a threat to gender neutrality and gender equality which our constitution aims to achieve. In Indian culture, there are many different types of violence against wives during marriage, one such is marital rape. In the affair of marital rape, consent is irrelevant. It is excluded from the Indian Penal Code’s definition of rape in Section 375. In India, forcing a wife into sexual intimacy by a husband is therefore not illegal. Our judicial system ignores marital rape since the crime is not recognised as rape in a marriage, despite the fact that it is a severe problem that our legislature has failed to acknowledge. Marital rape has very serious repercussions that go far beyond just physical harm; they also cause emotional and psychological harm. In this paper, we will attempt to examine the idea of marital rape, how it relates to the idea of gender equality, and how it violates the constitutionally protected rights of women under the different dimensions of Art. 14, 15, 19 (1) (a) and 21.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"43 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139868623","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}

引用次数: 0

A Critical Analysis of Anti-defection Laws in India 对印度反叛逃法的批判性分析

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.86

Sumit Vashishtha, Bhoomanna Reddy

引用次数: 0

Enhancing Effective Judicial Response to Human Trafficking in Nigeria 加强尼日利亚针对人口贩运的有效司法对策

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.84

Omojola Oluwakemi

引用次数: 0

Significance of Compensatory Jurisprudence Under The Employees Compensation Act, 1923 1923 年《雇员补偿法》下补偿判例的意义

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.83

Khushi Sehgal, Shubhangi Das

{"title":"Significance of Compensatory Jurisprudence Under The Employees Compensation Act, 1923","authors":"Khushi Sehgal, Shubhangi Das","doi":"10.60143/ijls.v9.i1.2023.83","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.83","url":null,"abstract":"The basic rights contained in the Constitution of India would be useless unless and until concrete means to ensure them were implemented. There can be no justice if there is no remedy (Ubi jus ibi remedium). The term “compensation” refers to making amendments for a loss. Crime is more than simply a breach of the law; it also causes harm to victims and their families, including economic loss, emotional distress, and bodily, psychological, or intellectual injury. Crime has a wide variety of consequences for victims and their families, ranging from major injuries to minor disruptions. The concept of victims’ compensation is a well-established legal principle that is implemented within the framework of traditional civil courts. The court’s adoption of compensatory jurisprudence, guided by the principles of human rights philosophy, serves as a positive indication of its commitment to safeguarding the fundamental rights to life and personal liberty for all individuals, even in situations when there is a lack of explicit Constitutional provisions or established legal precedents. There is evidence that some groups of victims of crime were reimbursed, either by the perpetrator, their relatives, or the sovereign, even in ancient times. The right to compensate is a relatively new addition to Indian Constitutional law. This notion just began to gain traction in India under Constitutional law in the late 1980s. This was an innovative notion devised by the Indian Judiciary to ensure justice. Compensation is often granted based on the claimant’s entitlement. Modern justice is more concerned with delivering assistance to victims than with the requirements of legal principles. The right to compensation for violations of basic rights comes from the rights that were infringed, which shall be further addressed in the research.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"116 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139810147","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}

引用次数: 0

A Critical Analysis of the Illegal Coal Mining Activities Inside Dihing Patkai National Park 对迪兴帕特凯国家公园内非法采煤活动的批判性分析

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.80

Biruchan Chetia Phukon

{"title":"A Critical Analysis of the Illegal Coal Mining Activities Inside Dihing Patkai National Park","authors":"Biruchan Chetia Phukon","doi":"10.60143/ijls.v9.i1.2023.80","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.80","url":null,"abstract":"The Dihing Patkai National Park, commonly referred to as the “Amazon of the East”, is a hub of rich and diverse biodiversity located in the Tinsukia and Dibrugarh districts of Assam. The coal mining operations in this region have a historical origin that can be traced back to the colonial era. During this period, the fuel resources extracted from this region were primarily utilized to power local enterprises. However, lately, it has been alleged that certain illegal coal mining activities carried out in this region have greatly affected the region surrounding the National Park and have sparked protests among the local population against such activities. This paper discusses the impact of illegal coal mining activities inside Dihing Patkai National Park. At the same time, it will also discuss the reasons why stopping all the coal mining operations near the region will also affect the development and employment in the region. The research also highlights the historical background of the mining of coal in the region surrounding Dihing Patkai National Park. And the various environmental impacts on the region due to coal mining activities as well as its effects on the local population. This research also discusses the doctrine of public trust along with some important Supreme Court decisions and the One- Man Enquiry Commission Report under retired Justice B. P. Katakey. Moreover, this research aims to maintain a balance between ecology and economy","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"173 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139870491","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}

引用次数: 0

A Critical Analysis of the Illegal Coal Mining Activities Inside Dihing Patkai National Park 对迪兴帕特凯国家公园内非法采煤活动的批判性分析

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.80

Biruchan Chetia Phukon

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引用次数: 0

Enhancing Effective Judicial Response to Human Trafficking in Nigeria 加强尼日利亚针对人口贩运的有效司法对策

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.84

Omojola Oluwakemi

引用次数: 0

Marital Rape: An Impediment on Women’s Right in India 婚内强奸：印度妇女权利的障碍

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.85

Pratibha Sahu

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引用次数: 0