82 research outputs found

    Challenging Gender Fluidity: A Critical Examination Of The Western Gender Identity Movement

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    This article embarks on a comprehensive exploration of the genesis of gender identity and its profound repercussions, specifically in the West. It delves into the intricate web of public perception, where eternal verities of identity are increasingly regarded as social constructs. I confront the pressing issue of whether transgender athletes should be allowed to compete in women's sports, a matter with far-reaching implications. Similarly, the complex question of whether transgender inmates should be housed in women's prisons has also been addressed. Within this preposterous tapestry of gender identity, I also draw attention to the personal experiences of individuals who have undergone gender transitions but subsequently expressed deep regret over their decisions, followed by the decision to close the Tavistock Gender Identity Clinic. The article concludes by presenting a set of proposed legal safeguards designed to protect the interest of children, who will play a pivotal role in shaping India's future. Keywords: gender identity, transgender athletes, transgender inmates, gender reassignment, John Money, detransitioning, gender dysphoria, puberty blockers, identity politics, Tavistock Gender Identity Clinic

    Integrating The Plight Of Sufferers With Global Standards Of Compensation For Medical Inaccuracies

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    This paper aims to carefully analyze and examine the statistics which are obtained from authentic government sources for the Consumer Redressal Forums. The scrutinized numbers provided below offer a ground of critique and therefore the author has provided eye- opening study for the same

    An Analysis of Hub and Spoke Cartels in the E-Commerce Sector

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    The Covid – 19 pandemic has caused unprecedented havoc on society in the year 2020. The effects of the pandemic have been felt across varied spheres of human activity, be it the economy or the health sector. Most countries across the world-imposed lockdowns in order to effectively curb the spread of this highly infectious disease. Naturally, these lockdowns resulted in a number of hurdles to business and their working models. They could no longer profit by selling their products and services at traditional brick and mortar outlets and they now had to rely on new ways to reach their customers. These challenges were faced by businesses in India as well. Offices, educational establishments, public spaces, etc, were all mandated to stay shut. However, the demands for products did not take a hit. There was in fact an increase in demand which led to shortages in essential products. These shortages may potentially influence firms to resort to exploitative pricing strategies of firms

    India's Cybercrimes: A Systematic Evaluation

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    As a result of technological advancements, today man is completely dependent on the internet for all of his requirements. The internet has a power to allowed man to have everything while seated in one location, such as social networking, online purchasing, online education, and online employment, among other things. Cybercrime, which includes everything from electronic theft to denial-of-service attacks, is a broad term used to describe criminal activities in which computers or computer networks are a tool, a target, or a location. Cybercrime is distinct from other types of crime that take place in society. The reason is because it has no geographical limits and that no one knows who the cybercriminals are

    NEED FOR ANTI-LITTERING LEGISLATION IN INDIA

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    Littering is one of the most pervasive social issues and yet subconsciously one of the accepted habits. The disappointment emerging from continuous failure in maintaining spick and span public spaces led to the writing of this paper. Further, the amount of litter only seems to rise despite all the furor about sustainability and preservation of the environment. The paper takes into account the various provisions adopted in certain parts of India and other countries, with regard to environmental conservation and ensuring cleanliness. It offers the solution to the issue of omnipresent litter in the form of an Anti-Littering Law. This paper seeks to elaborate on the dire need to have an anti-littering law and the chain of positive change that it will set in motion. Suggestions are being made in the paper by furnishing provisions of Anti-Littering Legislation. It aims to offer practical and tangible solutions to the litter problem

    Missing Case Of Women With Disability And Domestic Violence

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    Domestic violence or Intimate Partner Violence is a phenomenon known to everyone but accepted by a few. Since time immemorial, women have been subjected to various kinds of abuses ranging from physical, sexual, psychological and economical but it’s only in late nineties that it has been recognised worldwide as an offence against marriage and a criminal act done by someone having fiduciary relationship. It came as a bolt to social institution of marriage in India due to its nature of being considered as a sacrament or holy union dictated in the holy texts. Though the International conventions and legislations have tried to curb the menace of harm or abuse to women in her household or shared space but it has not done sufficient to address the needs of People with disabilities. In India, the Prevention of Domestic Violence Act, 2005 was introduced to provide safeguard to the rights of women who are victim of abuse by laying down detailed procedure of complaints, protection orders, and compensation orders etc. but to author’s surprise it nowhere specifically mentions anything concerning specially abled women. It’s not something that can be addressed generally because due to their disabilities such women are more vulnerable and prone to violence. With this paper, the researcher would like to reflect upon missing case of Women with disabilities in PDVA, 2005

    Insight Into The 'Uniform Civil Code: Constitutional And Societal Perspective

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    The word Uniform Civil Code consist three terms that is ‘Uniform’, ‘Civil’ and ‘Code’. The term uniform means all people are same in all state of affairs; the term civil derives from the Latin word ‘civilis’ means citizen and courteous and the word code derived from Latin word ‘codex’ which means book of laws. So, therefore, it denotes that uniform laws are applicable to all citizen of India inspite of their caste, religion, birth, gender and tribe. The Uniform Civil Code (UCC) in India is a proposed legislation that aims to establish uniform personal laws which will be applicable to all individuals inspite of their gender, sexual orientation, or religious affiliation. At present personal laws are governed by religious books specific to different communities. UCC is a set of laws that governs all the transactions. The Uniform Civil Code means a uniform personal law for all citizens of the country. The need for such a code was to take into consideration the constitutional power of securing justice and equality for all citizens. Uniform civil code was defined as a proposal in which the personal laws of the country should be replaced on the basis of scriptures and customs of each major religious community in India. A uniform civil code would ensure that all citizens of India are governed by the same set of secular civil laws in matters of marriage, divorce, maintenance, adoption and inheritance. It is true that present day family law is a mixture of old and new and it is complicated, incoherent and non-symmetrical in nature so there is need for such code which will do an incredibility with diversity in "The implementation of the Uniform Civil Code will result in the cessation of all communal conflicts." matrimonial law. The relevant question that arises is: “If same law of contract or torts applies to a Hindu and Muslim, why not the same law of marriage and divorce applied to these communities

    Preconceived Notion Of Bias Is Not A Good Sign For The Growth Of Administrative Law In India: Recusal Of Judges

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    This research is performed with an aim to address the instances where refusal of judges from certain cases formed an essential basis to impart justice in the case at hand. Recusal is a system or method of removing oneself from the position of having the authoritative power in that particular scenario because of having preconceived notion or bias or personal interest or gain in that case. The author in this study begins with establishing a comparative study of the way in which recusal takes place in three different jurisdictions, i.e., USA, England and India. Furthermore, as we know India does not have a defined statutory provision or legislation which states the way in which judges can recuse or disqualify themselves from a case due to personal interest. In order to earn light upon the recusal system in India, the author of this paper has studied different contemporary and recent situations where recusal has played an important role. A thorough read of this paper, will enlighten readers on the scope of recusal in different judicial system along with an understanding of our own judicial system, which is India. It will also help readers to know about the recent judgements or political situations where in recusal may or may not have place

    Focusing On The Most Marginalised Sector In The Current Pandemic: The Sex Workers

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    Due to the outbreak of COVID 19, when social distancing and avoiding physical contact became a norm that restricts the “dhanda (a colloquial term meaning 'business') of the sex workers. School of their children turned out of lack of devices like smartphone, internet facility, etc which is needed for online classes. All workers are living in one apartment in claustrophobic cabins as the brothel owners shut the business. Govt. barely thinks about them also doctors are not willing to visit their places. Initially, some of the NGOs started to help them but they also could not foresee the long-term lockdown problem. The majority of the clients of the sex workers comprise migrant labourers but an exodus of migrant workers makes their life more miserable. Some of the sex workers are also migrant workers but they hide their status from their family and there is no way to return. More than 90% of Commercial sex workers are in the street under permanent debt bondage due to this one year and more of the pandemic. This kind of heavy debt bondage becomes intergenerational bondage where sex workers in the future might force their daughters too in sex work for repayment of such debt

    Dowry Death And Dowry System In India: A Critical Analysis

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    In India, dowry death is one of the most heinous or horrible problem. There have been laws and acts enacted and incorporated into the country's legal system, as well as campaigns and awareness programmes launched by government and non-government organizations to combat dowry deaths and the dowry system in India, but despite the presence of such initiatives, the country's statistics on dowryrelated deaths have only increased. Despite the rapid growth of the middle-class society and youth population, steps toward modernization, enormous privileged economic development, improved education system, and so on, there are still some grey areas where the country lacks growth, one of which is the prevalent Dowry System and related concerns. This research paper has attempted to examine and evaluate legal provisions that have been adapted and adopted by the Indian Legal System in order to reduce the annoyance of Dowry Deaths, to identify loopholes, and to improve the legal system and society in general, as well as to highlight available remedies and how to further augment such remedies to benefit the genuinely aggrieved party. Keywords: Dowry System, dowry death, government programs
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