Legal Research Development: An International Refereed e-Journal最新文献

{"title":"Female Foeticide And Infanticide: A Legal Analysis","authors":"Priyadarshni, Dr. Sunayana Trisal","doi":"10.53724/lrd/v6n3.02","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.02","url":null,"abstract":"Women play a pivotal role in the development of the society. They are an integral part of the mainstream development. Nonetheless, the domination of a female continues in many forms from womb to tomb in the society.[1]  Declining sex ratio and gender discrimination of the girl-child has become a deep-rooted problem in the society. The main reason being the crime of female foeticide and female infanticide. ‘Female Foeticide’ is the destruction of the female foetus in the mother’s womb and ‘Female Infanticide’ is the killing of the girl-child after her birth. If a girl-foetus escapes foeticide then infanticide is waiting for her after birth. Both, foeticide and infanticide, are socially tolerated problems. The desire of having a male child in family has become anissue of gravest concern, leading to gender discrimination. This paper is an attempt to identify the issues, the Law and its application to come to a relevant conclusion.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124633111","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":"Citizenship (Amendment) Act, 2019 and Refugees in India","authors":"Shivli Shrivastava, Dr. Anjuli Sharma","doi":"10.53724/lrd/v6n3.05","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.05","url":null,"abstract":"Citizenship is a privilege as it brings many rights and provides protection from the government. But refugees being out of their countries becomes like stateless people. The CAA, 2019, is a law enforced to give citizenship to refugees living in India but it has been opposed and criticized on several grounds. The law is a good step toward the recognition of refugees. The law gives citizenship to refugees who will give them an identity in the country as being a non-citizen make their lives poor and also becomes a hindrance to the enjoyment of basic rights.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121164071","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":"Amended Consumer Protection Act 2019 Vis-A Vis Health Care of Patients","authors":"Dr. Om Prakash Saxena, Dr. Ganesh Dubey","doi":"10.53724/lrd/v6n3.10","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.10","url":null,"abstract":"The approach is aimed at the identification of the gaps and loopholes which might prove detrimental in the achievement of proper goals as perceived by the patients and their attendants who have to visit hospitals for treatment. Undesirable and unwanted actions or inactions in situations of the utmost need of a medical professional constitute the two infamous conduct-related words –Medical Negligence and Medical Malpractice. The focus on the study undertaken was concentrated on finding out whether or not coming into force of Consumer Protection Act, 2019 could make any substantial difference as far as Justice in medico-legal cases is concerned.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121407630","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":"An Analytical Study of Juvenile Delinquency in India with Reference to 2021","authors":"Dr. Rahul Sharma","doi":"10.53724/lrd/v6n3.06","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.06","url":null,"abstract":"Teenagers are the valuable heritage of any nation and its golden future, but adolescence is the only stage when this future of the country needs to be handled the most. Adolescence is a stage of sensitivity, passion, excitement, struggle, labor, learning, personality change. This age is the most important factor which decides the personality of the individual and from this personality the condition of nation-building or destruction is created. For the last many decades, adolescent is on the path of delinquency. The facts are shocking if the NCRB reports are studied. Crimes committed by juveniles are increasing. Their involvement is increasing in crimes like murder, robbery, dacoity, theft, rebellion, kidnapping, which is a matter of crisis. Concerned about this, India adopted the Convention on the Rights of Children adopted by the United Nations Assembly on 11 December 1992 and, showing its activeness, enacted the Juvenile Justice and Protection of Children Act 2000 so that Work can be done for the improvement of delinquent juveniles, their protection and rehabilitation.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127839599","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":"RIGHTS AND DIGNITY OF SENIOR CITIZENS A Socio - Legal Analysis","authors":"Jaspreet Kaur Hanspal","doi":"10.53724/lrd/v6n3.08","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.08","url":null,"abstract":"Aging is an inevitable consequence of life. Elderly are the valuable treasures of our society with superior knowledge and have a linkage of the past, present and future that was then passed to forthcoming peer groups and served as a healthy bonding between young and elderly. The paper provides highlights of certain rights of senior citizens and challenges faced in recent times. How far have we as a society come to give a better life to elderly? The westernization and modernization of society has resulted in a “cultural shock” but society should be so developed to retain its values, culture and civilization. Human Rights are part and parcel of Human Dignity, adequately secured by various provisions of Indian Constitution, national and international texts. The Indian judiciary has frequently addressed many issues of the social relationships by stressing on constitutional provisions peculiarly Article 14 and 21. In this year 2022, India will be celebrating its 75th Independence but the intent behind this legislation pertaining to elderly is yet not fully achieved. A character of law cannot be seen in isolation, above that it needs to be emotionally connected which will serve the true purpose of a particular law because certain matters in our society are emotionally connected to people. Despite the physical health problems, they are affected by mental health issues, the Covid-19 Pandemic accelerated doubts such as ‘End of life’ and additional burden of the deadly disease and associated evils of social distancing. There exists a need for more age-friendly cities in India to combat loneliness. The maturity and seniority should not be taken as a word but an actual sense of superiority is needed towards observing them as a resource rather than a burden.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115567466","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":"Secretary, Ministry of Defence v. Babita Puniya; (2020) 7 SCC 469","authors":"Muskaan Dalal","doi":"10.53724/lrd/v6n3.07","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.07","url":null,"abstract":"The research article titled “Permanent Commission and Gender Equality- a Step Forward” is a case commentary on the case of Secretary, Ministry of Defence v. Babita Puniya; (2020) 7 SCC 469 which is a recent judgment granting Permanent Commission to the women officers in the Indian Armed Forces. The article provides a background of the case which basically involves the discussion about the main issue i.e., permanent commission and why it is important for the women officers and how the non-granting of the same led to gender inequality. Then, it moves onto the main facts, issues and judgment of the case in brief along with a detailed analysis of the opinions of the judges and how it is a landmark and a progressive judgment in terms of gender equality. The conclusion provides the suggestions and the author’s take on the issue.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128376033","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":"The Principles And Rationale For Determining The Creamy Layer For The Other Backward Classes In India","authors":"Garima Rathore","doi":"10.53724/lrd/v6n3.04","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.04","url":null,"abstract":"The exemption of the creamy layer from quota benefits is a constitutional obligation that must be adhered to by the government. “The Mandal Committee was founded by former Prime Minister Morarji Desai’s administration with the remit to “recognize the socially or educationally disadvantaged.” It was chaired by legislator Bindheshwari Prasad Mandal and was charged with examining the issue of seat reservations and quotas for people to remedy caste prejudice. The commission's report affirmed the affirmative action practice established under Indian law, under which members of lower castes (referred to as “Other Backward Classes” and “Scheduled Castes and Tribes”) were granted preferential access to a certain percentage of public service jobs and admission to state colleges, and suggested raising these quotas by twenty seven to forty nine point five percent, but leaving the creamy layer out of the review of reservations would be contradictory to deny the legitimacy of the “creamy layer” concept in other domains of application after its validity has been established in the provision of the constitution as well as many judicial decisions. As a result, putting the appeal of this principle to the test becomes crucial.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"37 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115642986","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":"Interpretation and Application of the Basic Structure Doctrine","authors":"Adrija Ghose","doi":"10.53724/lrd/v6n3.11","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.11","url":null,"abstract":"It is universally known by sociologists that the formation and existence of a civilization is dependent on the adherence to a set of established and accepted norms and guidelines which guide not only human conduct but also human interaction. With the evolution of time a written constitution became necessary with all the laws around which the state is to be guided around penned down in a definite manner by the constituent assembly years back. But with the evolution of time the constitution also needs to be changed according to the new aspiration and goals of the society. Therefore, the power to amend the Constitution of India is vested in Parliament to amend, alter, add or change any part of the Constitution to help it keep pace with the pace of a changing society. Though this power of amending the Constitution is entrusted with the Parliament which consists of the representatives of the people it transgresses it power and alters parts of the constitution which would deface the true identity of the Constitution. In order to prevent this misuse of power the Judiciary is entrusted with the power of Judicial Review whereby it has the power to adjudicate upon the constitutional validity of all laws which are to be enforced on the Union. If in any case the Parliament violates any provision of the Constitution, it can be deemed to be ultra vires and therefore invalid. Though this power was being misused by the Parliament in a great deal in later part of the 20th century, which the Supreme Court tried to put a brake on this legislative and executive overreach by evolving the Basic Structure Doctrine in the case of Keshavananda Bharti in 1973. Which empowered to the Parliament to amend any part of the Constitution under article 368, except those features which form a part of this doctrine. This paper seeks to delve deeper into this silent Doctrine and how it was formed by the judiciary by way of its judicial journey to its formation, followed by what it is and what constitutes as a part of this doctrine from interpretating various case laws as there is no exhaustive list codifying the essential features of this Doctrine. Further defining the test which would help in defining the principles of this Doctrine followed by its application in the various cases post its evolution. Lastly analysing how this doctrine is to be interpreted","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126260175","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":"Right To Education And Right To Study The Subject Of Choice","authors":"Neha Sharma, Dr. Anjuli Sharma","doi":"10.53724/lrd/v6n3.03","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.03","url":null,"abstract":"Education has remained to be a contentious subject right through the years after independence, in historical India, it’s been said that one chose his “varn” on the basis of the field he mastered, even after 70 years we have not reached the stage, where we can allow a child to choose any subject of his or her choice and to continue the said education throughout, this paper makes an attempt to understand the contours of Right to education from the perspective of a child’s choice of subject.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133823319","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":"Human Rights Violations In Jammu And Kashmir And Post Abrogation of Article 370","authors":"Tariq Ahmad","doi":"10.53724/lrd/v6n3.12","DOIUrl":"https://doi.org/10.53724/lrd/v6n3.12","url":null,"abstract":"Kashmir has been a peaceful locus to live in ancient times. Every individual was living peacefully with one another and there was a religious diversity. All religious communities were living in peaceful ways with cultural unity and prosperity. However circumstances changed after the liberation of India. Some historical decisions changed whole scenario and status quo of Kashmir which resulted in humongous deployment of Indian troops in Kashmir, birth of terrorism and widespread gross human rights violations. The state of Jammu and Kashmir remains a constant headache for both India and Pakistan. Lack of constant efforts in resolving political differences and snatching the basic human rights had led the people of Kashmir in segregation, fear and uncertainty. Hence, in this research study I shall be highlighting atrocities, misuse of authority, onerous and brutal laws, post 1987 political turmoil, insurgency after 90s, exodus of Kashmiri Pundits, gross human rights infringement, post article 370 abrogation and old historical errors done by government of India. I shall be highlighting the real injustice done to people of Kashmir, failure of the judiciary to protect the fundamental rights of its people, widespread abuse of power and violation of international and territorial law. In this research study, documented and archival methods, field works, perceptions of inhabitant victims of my valley especially residents of my place, personal and collective experiences of conflict regions and qualitative methods of research.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"6 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123993328","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}