Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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    143 research outputs found

    Relevance of International Law in Preventing International Conflict: A Case Study of Russia-Ukraine

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    Russian invasion of Ukraine in 2022 raises the question of the relevance of international law which is supposed to preserve international peace. In the context of the current Russia-Ukraine war, the legitimacy and applicability of international law are being questioned, as it has not been able to protect human rights, which are grossly violated in such a war. In this context, it becomes very pertinent to revisit the idea and practice of international law to find out where the fault lies, why it fails to provide the solution to international conflict, and what can be done to make the body of international law serve its purpose in the true sense. In light of these questions, this article attempts to examine the limitations of international law in relation to addressing the Russia-Ukraine conflict and to reflect on how international law can become an instrument of protecting human rights by preventing international conflict and ensuring international peace

    Constitutional Protection to Weaker Section of Society of India: A Socio Legal Study

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    In democratic countries, laws are based on the principle of “equal protection of law and equality before law.” India is a complex society. Its main feature is a caste-ridden society. The society is split up on the basis of caste, religion, wealth, or occupation. This practice taking place since time immemorial. Society is polluted by many evil social practices like untouchability. There is a certain upper caste who believe some groups of lower caste as untouchable and they commit atrocities based on caste on those lower strata people of society. The rays of hope to eradicate this social evil, we have the measures that provided in our Constitution. In order to treat everyone equally, the constitution of India added a provision regarding the abolishment of untouchability. Further, it is the duty of the state and its agencies to safeguard the socio-economic interest of these weaker communities of society who are vulnerable to atrocities and exploitation by those constituting strong strata of society. The weaker section of society is referred to as a tribal population including scheduled caste and scheduled tribes specifically. Even after having such strong constitutional measures of protection, people of weaker sections of society are facing cruelty in society's so-called free India. In order to uplift them in society or to give them equal protection, the parliament has enacted the law known as Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989. This paper will deal with the different laws providing measures of protection from exploitation and atrocities to people of Schedule Caste and Scheduled Tribes. It would also examine Whether this law has achieved the intended objective for which it was enacted. Further, the focus of the paper would be to analyze the rationality of Amendment Act 2018 with special reference to sec 18A of the Act which authorizes the automatic arrest of the accused without any initial investigation or inquiry of the offence.&nbsp

    Socio-Economic Impact of Covid-19 in Bhutan: A Critical Analysis

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    Cataclysms are difficult, uncontrollable problems that put societies and nations to the test in terms of how successfully they can protect their infrastructure and population, reduce losses on a material and human level, and recover rapidly. Throughout the beginning of recorded human history, infectious diseases have afflicted people. Over the last four decades, the rise of urbanization, globalization, and population expansion has played a significant role in the escalation of both the occurrence and cross-border dissemination of novel infectious diseases. The discovery of the coronavirus (SARS-CoV-2) and the proliferation of COVID-19 in this world today have prompted many countries to take drastic action. Many economic aspects, not least innovative start-ups, experienced an external shock as a result of the “lockdown” of a sizable portion of society and economic activity.  The first cases of COVID-19 in a nation are significant because they have an impact on the nation's response to preparedness, the perception of the pandemic by the general public, and the actions taken by medical professionals. A 76-year-old American man who visited Bhutan as a tourist and was isolated in a separate hospital with a committed medical care staff before being airlifted back to his nation experienced a fortunate turn of events in Bhutan. This patient made Bhutan and its people more careful, and the ensuing steps were so well thought out and wise. The patient's medical team, the government, and the Bhutanese people all took away lessons from this. The COVID-19 recovery effort has been hindered by the government's severe containment measures, which have caused supply chain interruptions, tourism industry problems, and an exodus of expatriate workers, leading to a labor shortage for both trained and unskilled personnel. This gap caused infrastructural projects to stall, which had a negative impact on the average person’s standard of living. Despite the fact that pandemic deaths are frequent, each one has influenced the socioeconomic and public health results, depending on the type and extent of the outbreak. In addition to reflecting on Bhutan's adaptability, responsiveness, and lessons learned, this study sought to provide a preliminary assessment of the COVID-19’s effects on the country. It also sought to provide a deeper understanding of the recent socioeconomic implications of the COVID-19

    India and Climate Changes: A Study of Legal Framework

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    In the world, several countries are facing challenges due to climate change, out of them India’s main environmental problem is Climate change along with several other problems. This problem is affecting the living style of people and the country’s economy. The main cause of Climate variation is the accumulation of GHGs in the environment. Recent occurrences have unequivocally shown how vulnerable we are to climate variation. The consequence of climate change/variation will affect everything from cultivation to human health. After many years of the launch of NAPCC finally Indian Government on June 30, 2008, decided to bring into action the climate change plan to reduce/mitigate and adapt to change in climate. Further, there were many other responses to Climate variation to finance and advance clean energy activities as well as sponsoring research in the field, the Indian government established the NCEF in 2010 and the Paris Agreement in which India made three commitments.  Ecosystems and social systems already under intense pressure from rapid industrialization, urbanization, and economic growth will be further strained by climate change. This paper will deal with what climate change is- how India is affected by Climate variation - How our Country is adapting to the collision of Climate change/variation- whether the Climate variation legislation is properly implemented or not- what the directions are given by NGT to the Indian government

    Law And Legal Institution in Ancient India (During Gupta Period)

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    The king was considered to be the “incarnation of justice.” He administered justice. There was also a high official at the capital for justice and the Supreme Court which tried important local cases and entertained appeals against the decisions of the lower courts. In certain cases, the village assembly alone sat for judgment and passed sentences. Capital punishment was unknown, mutation was the highest punishment for repeated rebellions. The laws were few and mild, and most of the crimes were punished only by fines. The people were virtuous, rich, and prosperous; the cities were crowded. People do have not to register their households or attend to any magistrates and their rules. Justice was often administered by the sovereign himself or a high official at the center or in the provinces. Judges at the headquarters of a district had apparently the assistance of the chief Seth’s and Kayast has of the locality, representatives of the commercial and official classes. In the Gupta age, there were five kinds of courts- village councils (kulas), corporations (semis), the jeans, a person appointed by the king, and the king himself.&nbsp

    Mob Lynching: A New Form of Collective Violence

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    Mob violence has become a grave concern in the socio-political landscape of India. Lynching is a planned extra-legal killing by a gathering. It is most frequently used to describe an informal public a supposed offender, or to threaten a gathering. Mob lynching is the point at which an uncivilized crowd endeavors to assume control over equity, as opposed to following legitimate fair treatment. India has observed a strange expansion in wrongdoing connected with crowd viciousness, for the sake of religion, capturing, and so on however, the plague spread as careful against cow butcher, later spread to hijacking and different kinds of wrongdoing. This article suggests that judicial intervention is most effectively understood through the lens of mob violence and hate crimes. In recent times, India has seen a surge in incidents of mob lynching, with minority groups, notably Muslims and Dalits, being the primary targets. This research article examines the consistent trends in such group-led aggression and emphasizes the urgent need for a clear law that classifies mob lynching and prescribes its consequences

    Abortion Laws in India A Critique Vis–À–Vis Counter Status In USA

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    Alabama’s anti–abortion law went into effect in May 2019 and virtually outlawed all abortions in the State. Concerning the country’s abortion laws, states in the United States are moving toward a conservative ideology. The law in Alabama is regarded as the most stringent and rigid prohibition on abortion in history because it does not allow for rape or incest exclusions. The choice of a woman to have children or not is utterly disregarded. However, based on the landmark Roe v. Wade decision, this statute contravenes American federal law. This essay addresses which law will be applied and why, the reasons why the two laws will be broken, and the possible motivations behind passing such severe legislation. In addition, it proposes a few modifications to the existing legal framework that must be made. In addition, a brief description and description of how the abortion law in India is implemented are provided. The major abortion case laws in India as well as the Indian Constitution’s stance on these laws are discussed. In the case of “Justice K.S. Puttaswamy v. Union of India”, this law is against federal law in the United States. This article discusses which law will be used and why, the rationales for breaking the two laws, and potential justifications for enacting such harsh legislation. by talking about how advances in medicine and changes in society now necessitate changing the law.

    The Impact of Child Labour: An Analytical Study

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    Development is touching its peak daily in today's world, but Some issues remain constant. Child labor is the most underrated issue that cannot be controlled easily and increasing without any negotiations. When children are employed in jobs that rob them of their youth, prevent them from attending regular school, or are physically, intellectually, socially, or morally detrimental, this is referred to as child labor. Child labor is a major global issue that affects millions of children and their families. This form of exploitation prevents kids from exercising their right to education, healthy development, and safe childhood. The impact of child labor is far-reaching and can have long-lasting effects on children, their families, and communities. This form of exploitation deprives children of their right to education, healthy development, and safe childhood. The impact of child labor is far-reaching and can have long-lasting effects on children, their families, and communities. Children who are forced to work often experience physical and emotional harm, reduced opportunities for personal and academic development, and reduced future earning potential. Additionally, child labor perpetuates poverty and perpetuates the cycle of exploitation from generation to generation. The international community has made progress in addressing child labor, but much more needs to be done to eliminate this harmful practice and give kids the opportunity and support they need to succeed. The impact of child labor can only be fully addressed through a sustained and coordinated effort from governments, businesses, and civil society organizations despite being illegal in many countries, child labor remains a widespread problem, in particular in developing nations where poverty and a lack of educational opportunities encourage families to send their kids to work. The Impact of child labor includes impaired cognitive and physical development, decreased educational attainment, and perpetuation of the cycle of poverty

    Need of Separate Law on Anti Mob Lynching

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    Numerous articles and research papers have been published with the opinion that the inability of the Executives to execute relevant laws has resulted in the highest level of “mobocracy” In a broad sense, the word “mob lynching” refers to when a group of people circumvents legal systems in order to impose what they perceive to be justice. Somewhere, the Court has also been blamed. Even the judiciary has shown its inability to dispose of cases at the desired pace and within the desired time frame. However, what are the fundamental causes and grounds for this offense, and why is it becoming “the New Normal” in contemporary society? are important for comprehension. In a multitude of cases, the Supreme Court has expressed its concern and given a number of various directives to the government to pass legislation regarding mob lynching that includes provisions for the perpetrator’s punishment as well as compensation and rehabilitation for the victim and his family. In a recent ruling pertaining to Tehseen S. Poonawala, the Hon’ble Supreme Court has declared that it is the responsibility of the State government to prevent the occurrence and recurrence of mob lynching inside the State. In response, the Supreme Court has detailed preventative, corrective, and punitive methods to reduce the instances of Mob lynching

    Critical Study Of Psychology Of Human Society Towards Rape Victim

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    Rape is the most heinous crime against women. In recent times rape is increasing day by day and many new amendments in laws are introduced by the legislature. This paper is a study of how society behaves toward rape victims? Rape is the only crime where the victim becomes accused.  How Indian society treats men and women differently and still man dominance society exists in India. From the birth of the child, people start to teach their children girls and boys are not equal. Girls are not weak their physical strength does not make anyone weak or strong but people make girls mentally weak and boys strong and give dominance to boys and these things led to crime against women. The people who work for the public or who are sitting in higher positions or the ministers of India gave statements about the rape and shows their mentality about women. The rape victim faces many problems and criticism even though she is not at fault and many girls who are a victim of sexual offenses never report it due to fear of society and lack of support

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    Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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