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

{"title":"Re-Defining The Role Of Indian Legislature In Regulating Consensual Sex Between Minors","authors":"Anushka Gupta","doi":"10.53724/lrd/v4n3.03","DOIUrl":"https://doi.org/10.53724/lrd/v4n3.03","url":null,"abstract":"The role of legislator is not simply confined to making laws, but they also play a significant role in development of society as a whole as they escalate or attenuate this process of development by the quality of laws they make. The age of consent laws made by the legislator are one set of laws that are working in contradiction of the aims and objectives for which they were enacted and are rather being criticized. The term „age of consent‟ is itself controversial and it has been suggested what is created is an „age of liability‟ for the offender rather than an age of consent.1It has been argued that „age of consent‟ is an establishment of age at which the law of a country decides that a child is allowed to have sexual intercourse and it has very less to do with consent. Much of the behaviour caught within the web of Rape of a child between 16-18 years of age involves the cases of consensual sexual intercourse, thus involving the adolescent youth of the country who are being prosecuted. This necessitates the need to stop this never-ending web of accusations against the boys who are being prosecuted for having sexual intercourse notwithstanding the involvement and consent of the girl to the fullest. The paper is shared out in four sections. In the first section, the author delves into the theme of statutory rape law and POCSO Act to critically analyse its utility in protecting children from consensual sexual acts. In the second section, the author attempts to examine the legislative intent behind setting such a higher age of consent from a historical perspective and brings to the surface a critique of legislative intent and acts. In the third section, based on a critique of traditional ideology and dearth in approbation of principles of criminalization, the author explains the need of decriminalizing consensual sexual acts among adolescents (between 16 to 18 years of age). In fourth section, the author attempts to conclude by quoting suggestions to frame the best practice paradigm to implementing Statutory Rape law in Indian Legal System.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129354340","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":"Business Judgment Rule: Defense for the Directors in Cases of Alleged Breach of Duties","authors":"Priya Kumari, Rishi Kumar","doi":"10.53724/lrd/v4n3.04","DOIUrl":"https://doi.org/10.53724/lrd/v4n3.04","url":null,"abstract":"In this article researchers will explain about Business Judgment Rule and how it can be used as a defence by the directors’ of the corporation. In simple language it can be said that the “Business judgment rule” is nothing but a judicially evolved doctrine derived out of case laws in the field of corporate laws. This doctrine has its origin in USA followed by U.K. The rule is in use in some form or the other in the common law countries e.g. whales, Australia, Canada, India &c. Australia has codified this rule under sec.1180(2) Corporations Act 2001, in South Africa Companies Act 71 of 200 section 76(4) provides for director’s duty to work towards best interest of the business with due care, skill and diligence, in India section 166(2) of Companies Act, 2013 requires that for the benefit of different constituencies of a company a director must act bona fide to promote the object of the company. The Business Judgment Rule tries to protect the directors of the company by creating a safe harbour for those who works for the betterment and interest of the corporations in an honest manner and in good faith. The scope of the paper is restricted to mainly US decisions, which has seen the greatest development in interpreting cases, though certain important landmarks in the Indian and UK context have also been referred to. The paper is limited by secondary sources such as books, articles and reports available on the subject.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123357170","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":"A Socio-Legal Study of Human Rights of Senior Citizens in India","authors":"Surbhi Tyagi","doi":"10.53724/lrd/v4n1.03","DOIUrl":"https://doi.org/10.53724/lrd/v4n1.03","url":null,"abstract":"Human is the best creation of God above all other creations and without having proper laws or human rights, it is impossible for humans to live on this Earth. Senior citizens are also the part of our human society but inspite of so many laws and human rights they still gets exploit in one or the other way sometimes by their children or by their grandchildren or at public places or any other local places. Why it is so happening? Why they are being treated on a bad note as burden on our society? Senior citizens also have right to equality and personal liberty like other human beings but according to some minds in Indian society, the disrespect, the loneliness or the depression they faced are all the normal and general problems faced by them in this age-group. But in true it is not like that. They are those problems which are given to them by the society and not by the nature.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128158276","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":"A Study of Judicial Responses relating to Human Rights in India","authors":"Ramesh kumar, Dr. Janardan Kumar Tiwari","doi":"10.53724/lrd/v4n1.06","DOIUrl":"https://doi.org/10.53724/lrd/v4n1.06","url":null,"abstract":"India is one of the largest democratic & sovereign countries in the world in which the Indian judiciary is also the integral foundation & structural pillar along with its unification & independency in the democratic system. Indian judiciary has the responsibility to deliver the fair & satisfactory justice to the people concerned in according to the provisions of Constitution of India as a protector of human rights which have been guaranteed as justiciable fundamental rights under Indian Constitutional Law by way of judicial responses but the Indian judiciary & judicial responses are subject to the exception and criticisms because both the same create the deepest effects & consequences on person individual & our society in the presence of rule of law for the purposes of the largest interest of public peace & fulfillment of the long cherished dream of welfare state with a view to accomplish the spirit of Constitutional Law of India and intention of the legislators. The responsibility for the enforcement of fundamental rights as human rights has only been furnished to the highest Court of India (Supreme Court under article-32) & High Courts in States (under article-226) of the Constitution of India. The People of our society repose the exclusive believe on the judiciary but the same is not free from the exclusions & exceptions it is absolutely relevant to place over here that delayed justice denied justice it has rightly said therefore due these reasons, in today’s scenario, in the world of globalization, people somewhere are losing their confidence and credibility because of the disadvantages exclusions & exceptions with the inclusion of other connected things which are not the good results for us, society, nation & the world. Corollary with regard to this, in according to the need of hour, the judicial accountability has not only become essential but also compulsory & mandatory in order to the answerability towards the paramount of transparent democracy under the Constitution of India where any person, society or system can never be free from the exceptions in the interest & welfare of world human, living creatures & creation.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133519707","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":"A Socio-Legal Study Of Reservation in India With Special Reference To Human Rights","authors":"Aarti","doi":"10.53724/lrd/v4n1.02","DOIUrl":"https://doi.org/10.53724/lrd/v4n1.02","url":null,"abstract":"Reservation as a concept is very wide. Different people understand reservation to mean different things. One view of reservation as a generic concept is that reservation is an anti-poverty measure. There is a different view which says that reservations are merely providing a right of access and that it is not a right to redressal.1 In Constitution of India it states that Article 15 (which prohibits discrimination on the basis of religion, race, caste, sex, place of birth) and article 16 (equality of opportunity) to insert new clauses that allow the government to make “special provision for the advancement of any economically weaker sections of citizen” other than SC/STs and OBCs. In the international human rights context, the State may modify their obligations under international human rights treaties by entering reservations. Reservations are a particularly technical area of international law, but the study of this rather dry in the context of international human rights law is enlightening. According to the Vienna Convention on the Law of Treaties VCLT, reservation is “a unilateral statement… made by a state, when signing, ratifying, accepting, approving or acceding to a treaty, where, it purports to exclude or modify the legal effect of certain provisions of the treaty. The aim of a reservation is to limit a state‟s obligations under a particular treaty. International Law is not formalistic „general political statement‟ or a „declaration of interpretation‟. States have availed themselves broadly of the possibility of reservations, both quantitatively and qualitatively. There is no doubt that the reservation is problematic for international human rights law. Human rights are clearly more of a „package‟ that most international normative instrument. Reservations also create problems legal certainty, making it difficult for individuals to ascertain the exact scope of the rights they have been guaranteed. In fact, international human rights law has also evolved specific notions of what reservations are permissible, who may decide on their permissibility, and what consequences flow from reservations.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127734310","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":"Evolution and Development of Industrial Jurisprudence in India","authors":"Dr. Harishchandra Ram","doi":"10.53724/lrd/v4n1.05","DOIUrl":"https://doi.org/10.53724/lrd/v4n1.05","url":null,"abstract":"Industrial jurisprudence is an ideology to study the perspective and perception of those legislators who give the shape to be a labour legislation for governing the relation of workmen and employers. It is correctly said by Mahatma Ganghi that industry is the joint venture of workmen and employers. In the Hospital Mazdoor Sabha1 case the triple test theory introduced and it was reiterated and set up in the case of Banglore Water Supply2. In both cases the cooperation of workmen is made essential part to be any industry. The industrial jurisprudence provides the thinking to make the labour laws accordingly. When the laissez faire theory wiped out and placed the welfare state, workers has become the integral part of any industry. With this view the state made the labour legislation for governing the relation of workmen and employers. It has been felt by most of the country of world that there must be apply tripartism; it means state will interfere with the labour regulations to settle the both relations. For this purpose state made the various laws, which are existed. In June 1998the International Conference proposed the fundamental labour policy for the World. Certain points of hose policy are existed in Indian labour jurisprudence. First, freedom of association, second, right to collective bargaining, third, elimination of all forms of forced or compulsory labour, fourth abolition of child labour and fifth, elimination of discrimination in respect of employment and occupation. Industrial jurisprudence is more dynamic for industrial governance. With this ideology, the State utilizes the modus operandi accordance with the need of regulation for harmonious relation between employers and employees. When the Constitution of India commenced the concept of social justice gave the pace to the welfare labour legislation. The outcome of concept, the social assurance and social assistance are also prevalent with the ideology of social justice. It is the spirit of the Constitution. Now, it is being expected that there will be dynamic change in industrial jurisprudence by introducing the new economic policy for the upliftment of industry as well as labours. It not need to be panic the new exit policy will destroy the fundamental rights of the workers.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128710295","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":"Liability of Internet Service Providers Across Various Countries: An Overview","authors":"Ms. Poonam Pant,, Ms. Bhumika Sharma","doi":"10.53724/lrd/v4n1.04","DOIUrl":"https://doi.org/10.53724/lrd/v4n1.04","url":null,"abstract":"The role of I.S.P. or Intermediary is very important for effective utilization of information technology. The liability of Intermediary or I.S.P. has gain immense importance at international level. Various countries have defined the liability of I.S.P. either in the form of copyright infringement or for the infringement of information technology. Australia was the first country to enact the legislation relating to the liability aspect of I.S.P. in the form of Copyright Act, 1968 making I.S.P. liable to disable the access to online services hosted outside Australia. Some safe harbors were also provided for I.S.P. as part of the Australia - United States Free Trade Agreement. The US provides for the liability of ISP in the form of Communications Decency Act, 1996, Digital Millennium Copyright Act,1998. Title II of the D.M.C.A. specifically deals with the issue of I.S.P. liability and also provides for the penalties for unauthorized access to a copyright work. As regarding the legislations of Canada, it does not specifically defines the liability of I.S.P., instead it provides safe harbor for those ISP’s providing any means for Internet access. I.S.P.’s are also protected for copyright infringement in Canada. In Singapore the liability of I.S.P. is regulated by the Internet class license and Internet code of Practice which requires the I.S.P. to abide by the conditions of license. I.S.P.’s are also restricted to make public access of those websites which contain offensive content harmful to national interest. Japan’s Copyright Act, 1970, The Provider Liability Limitation Law 2002 protects the I.S.P. against any kind of liability for Copyright infringement. UK enacted two legislations in form of Copyright, Designs and Patents Act 1988 Digital Economy Act 2010 which imposes the obligations on ISP to notify the infringement to its subscribers, also liable to take technical measures to terminate the Internet services after reporting of infringement. The countries also make the provisions for the penalties for offences relating to the infringement of copyright or unauthorized access of information by various I.S.P.’s or Intermediaries. The quantum of punishment is differed in every country according to the nature of offence.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"407 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121797345","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":"Jurisdiction Issue in Cyberspace and International Principals","authors":"Dr. Ganesh Dubey, Ritu Gautam","doi":"10.53724/lrd/v3n4.02","DOIUrl":"https://doi.org/10.53724/lrd/v3n4.02","url":null,"abstract":"This paper tried to emphasis on the most crucial issue in cybercrime, which is jurisdiction. Exponential growth of cybercrime is a big problem for any developed or developing nation these days but the most problematic area is there jurisdiction. This research paper is an ex-post facto research and based on various theories and judgments take in international platform related to jurisdictional Issue. Recently in the case of Kulbhushan Jadhav, this issue was raised in international corridor that weather Pakistan got jurisdiction to heard and decide this case or not. In this case International court of justice hold the decision of the Pakistan Supreme Court. This paper is not concern about Kulbhushan case but only focusing on the fundamentals which work behind the jurisdictional issues in cyberspace. This paper is the attempt of an outcome to gauge the scope of state and international Jurisdiction in cyber space.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"17 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132934702","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":"Mob Lynching: Socio-legal Morality","authors":"Dr. Ganesh Dubey, Anchit Verma","doi":"10.53724/lrd/v3n3.02","DOIUrl":"https://doi.org/10.53724/lrd/v3n3.02","url":null,"abstract":"Now a day’s mob lynching is becoming huge problem in our society, ‘social clashes and intolerance are the triggers to fire,’ ‘bullet of such lynching.’ In this research paper backdrop and categories of mob lynching discussed along with its effect and statutory provisions in India. Reasons, suggestions and solutions are the main focus of this research paper.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124577151","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":"Domestic Violence in India: An Analytical Study","authors":"Dr. Shiv Pratap Singh Raghav","doi":"10.53724/lrd/v4n2.02","DOIUrl":"https://doi.org/10.53724/lrd/v4n2.02","url":null,"abstract":"Domestic violence at home is a gender-based violence, intending on subordinating women. The global dimensions of domestic violence are of great concern, both in terms of their scope and extent. Section 498A of Indian Panel Code was introduced in the year 1983 to protect married women from being exposed to cruelty by the husband or his relatives. In the l980s the worm and movements in India foregrounded the issue of violence against women with a special emphasis on dowry related violence suffered by married women. Under the provisions of criminal law, while the perpetrator of domestic violence could be prosecuted and punished, women's need for shelter, maintenance, custody of children and compensation remained unaddressed. The issue of “domestic violence” must not necessarily remain domestic. The notion of domestic violence must be taken out from the “private sphere” and politicized.","PeriodicalId":388627,"journal":{"name":"Legal Research Development: An International Refereed e-Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114227520","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}