International Journal of Law and Social Sciences最新文献_第2页

A Critical Evaluation of the Adequacy Of Current Mining Laws in India: A Legal Study 严格评估印度现行采矿法的适当性：法律研究

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.81

Dalton Debbarma, Yash Yadav

{"title":"A Critical Evaluation of the Adequacy Of Current Mining Laws in India: A Legal Study","authors":"Dalton Debbarma, Yash Yadav","doi":"10.60143/ijls.v9.i1.2023.81","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.81","url":null,"abstract":"It is a known fact that mining laws in any country is considered as a most important aspect and is necessary for the development of the country and especially for India being a developing country. But still India is struggling with the proper implementation of law as number of cases has been seen where the mining is been exploited by the players of the mining industry. This research paper is an attempt to analyse the important legislations regarding mining laws in India and are they sufficient to fulfil the current needs of the country specifically, the Mines and Minerals (Development and Regulation) Act, 1957. In this paper, the researchers would focus upon the important mining laws which regulates the mining sector in India and focus upon the implementation of the same by the government. First of all, the important mining legislations will be discussed and analysed in the paper. Further, the paper would throw light upon the challenges which are existing in the country in regard of the mining sector and in the respect of which the Legislature should look upon the challenges and do the necessary changes which are necessary in the current times. In support of this, this research would also look upon the judgements passed by the respective Courts in the context of lack of implementation of the mining laws in India. Finally, the analysis and the way forward will be discussed in this paper.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"78 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139810225","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 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

{"title":"A Legal Approach on India’s National Emergency Provision","authors":"Avni Jain","doi":"10.60143/ijls.v9.i1.2023.79","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.79","url":null,"abstract":"In India, a state of emergency pertains to a period of governance that the President of India can proclaim during a specific crisis. The President has the authority to revoke several articles of the Indian Constitution that protect citizens’ fundamental rights on the advice of the Cabinet. Articles 352 through 360 of Part XVIII of the Indian Constitution comprises emergency provisions. The provisions allow the Centre to deal with any extraordinary event effectively. The rationale behind its incorporation is to safeguard the nation’s sovereignty, unity, integrity, security, democratic, political structure, and constitution. The Central Government will be in absolute power during the emergency, and the States will be under federal control. One of the main features of the Indian Constitution is how the ordinary federal constitution is adapted to emergencies. To the Constitution’s credit, it visualized a situation in which the rigid application of federal principles could destroy the fundamental premises on which it was built. The Indian Constitution is a way of adapting the normal Federal Constitution to emergencies. To the Constitution’s credit, it visualized a situation in which the concrete application of federal rules could destroy the fundamental assumptions upon which it is set. When India declares a state of emergency, the country’s federal system is transformed into a unified one, with all powers with the Central Government.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139868727","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

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":"63 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139870015","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 Evaluation of the Adequacy Of Current Mining Laws in India: A Legal Study 严格评估印度现行采矿法的适当性：法律研究

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.81

Dalton Debbarma, Yash Yadav

{"title":"A Critical Evaluation of the Adequacy Of Current Mining Laws in India: A Legal Study","authors":"Dalton Debbarma, Yash Yadav","doi":"10.60143/ijls.v9.i1.2023.81","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.81","url":null,"abstract":"It is a known fact that mining laws in any country is considered as a most important aspect and is necessary for the development of the country and especially for India being a developing country. But still India is struggling with the proper implementation of law as number of cases has been seen where the mining is been exploited by the players of the mining industry. This research paper is an attempt to analyse the important legislations regarding mining laws in India and are they sufficient to fulfil the current needs of the country specifically, the Mines and Minerals (Development and Regulation) Act, 1957. In this paper, the researchers would focus upon the important mining laws which regulates the mining sector in India and focus upon the implementation of the same by the government. First of all, the important mining legislations will be discussed and analysed in the paper. Further, the paper would throw light upon the challenges which are existing in the country in regard of the mining sector and in the respect of which the Legislature should look upon the challenges and do the necessary changes which are necessary in the current times. In support of this, this research would also look upon the judgements passed by the respective Courts in the context of lack of implementation of the mining laws in India. Finally, the analysis and the way forward will be discussed in this paper.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"36 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139870234","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

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":"9 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139869514","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

The Changing Face of Free Speech: A Study of Article 19 in the Digital Age in India 言论自由的变迁：印度数字时代第 19 条研究

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.87

Tushar Sharma

{"title":"The Changing Face of Free Speech: A Study of Article 19 in the Digital Age in India","authors":"Tushar Sharma","doi":"10.60143/ijls.v9.i1.2023.87","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.87","url":null,"abstract":"In the digital age, India’s narrative of free speech has encountered both evolution and turbulence. Rooted in the democratic ethos, Article 19 of the Indian Constitution safeguards this freedom, reflecting the country’s commitment to upholding a citizen’s right to express. With the proliferation of online platforms—ranging from social media to news portals—the citizens have found dynamic avenues to articulate their viewpoints. As Nelson Mandela once said, “To be free is not merely to cast off one’s chains but to live in a way that respects and enhances the freedom of others.” However, this freedom has its pitfalls in the digital realm: the rapid dissemination of misinformation and the perils of divisive rhetoric. This research delves into the protective umbrella of Article 19 of the Constitution, emphasizing its pivotal role in safeguarding expression. The current landscape necessitates a balance, a careful navigation between the unrestricted flow of opinions and the dangers of digital misinformation. Issues of censorship, both governmental and self-imposed, further complicate this balance. As the world envisages the future of India’s digital discourse, it becomes paramount to ensure that the sanctity of free speech, as championed by Article 19, is preserved, yet responsibly exercised. Conclusively, the paper underscores the imperative of navigating the nuanced balance between unbridled digital expression and the responsibilities accompanying it, all through the lens of Article 19.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139809562","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

The Changing Face of Free Speech: A Study of Article 19 in the Digital Age in India 言论自由的变迁：印度数字时代第 19 条研究

International Journal of Law and Social Sciences Pub Date : 2024-02-02 DOI: 10.60143/ijls.v9.i1.2023.87

Tushar Sharma

{"title":"The Changing Face of Free Speech: A Study of Article 19 in the Digital Age in India","authors":"Tushar Sharma","doi":"10.60143/ijls.v9.i1.2023.87","DOIUrl":"https://doi.org/10.60143/ijls.v9.i1.2023.87","url":null,"abstract":"In the digital age, India’s narrative of free speech has encountered both evolution and turbulence. Rooted in the democratic ethos, Article 19 of the Indian Constitution safeguards this freedom, reflecting the country’s commitment to upholding a citizen’s right to express. With the proliferation of online platforms—ranging from social media to news portals—the citizens have found dynamic avenues to articulate their viewpoints. As Nelson Mandela once said, “To be free is not merely to cast off one’s chains but to live in a way that respects and enhances the freedom of others.” However, this freedom has its pitfalls in the digital realm: the rapid dissemination of misinformation and the perils of divisive rhetoric. This research delves into the protective umbrella of Article 19 of the Constitution, emphasizing its pivotal role in safeguarding expression. The current landscape necessitates a balance, a careful navigation between the unrestricted flow of opinions and the dangers of digital misinformation. Issues of censorship, both governmental and self-imposed, further complicate this balance. As the world envisages the future of India’s digital discourse, it becomes paramount to ensure that the sanctity of free speech, as championed by Article 19, is preserved, yet responsibly exercised. Conclusively, the paper underscores the imperative of navigating the nuanced balance between unbridled digital expression and the responsibilities accompanying it, all through the lens of Article 19.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"23 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139869267","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

Introspection of the Impact of Free Speech by Sportsman on Commercial Market and Analysing the Regulation of Speech by the Authority 运动员言论自由对商业市场影响的反思及当局对言论管制的分析

International Journal of Law and Social Sciences Pub Date : 2023-08-17 DOI: 10.60143/ijls.v8.i1.2022.73

Astle

{"title":"Introspection of the Impact of Free Speech by Sportsman on Commercial Market and Analysing the Regulation of Speech by the Authority","authors":"Astle","doi":"10.60143/ijls.v8.i1.2022.73","DOIUrl":"https://doi.org/10.60143/ijls.v8.i1.2022.73","url":null,"abstract":"Sports has been a subject of hard work and fickle pas-sion for many youngsters. The athletes and their words are prodigious and left a high impact and influence in the market. Cristiano Ronaldo putting off CocaCola incident made the company suffer a loss of $4 Billion in a day. The incident concludes the impact of sportsman’s words and gestures on the commercial market. Athletes are the most celebrated and internationally recognised and adored personalities, so the need for their freedom to express themselves ought to be paramount. The need to provide them with the right to voice their political opinion is substantially important and their narrative on politics can influence hordes of people following them. Subject to the same concern, one might have wondered and showed ire on one’s favourite sportsman for not being vocal about some country’s integrity issues. This happens because the Board regulating sports does not want them to be voiced over issues having political interests. This is done to ensure fair judgement by the people instead of being blind followers of the ideology of their favourite sportsman. ,p>So, does it mean that your favourite sportsman has waived off their freedom of speech? In this research paper, the evaluation will be of the impact of free speech by a sportsman on the political and commercial sphere. The evidentiary empirical understanding of the Board and athletes’ relation over bestowing free speech shall be the addenda to the themes.","PeriodicalId":260986,"journal":{"name":"International Journal of Law and Social Sciences","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129994830","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 National Health Policy 2017 with Specific Reference to Ayushman Bharat Pradhan Mantri Yojana and the Path to Universal Health Coverage 对2017年国家卫生政策的批判性分析，特别提到Ayushman Bharat Pradhan Mantri Yojana和全民健康覆盖之路

International Journal of Law and Social Sciences Pub Date : 2023-08-17 DOI: 10.60143/ijls.v8.i1.2022.69

Ayushman Bharat Pradhan, M. Priya

引用次数: 0