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Arts and Humanities >
Arts and Humanities (General)
International Journal of Legal Insight
Editor in chief:Aman Aditya
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Browse by Volumes
Critical Study Of Access To Justice
Volume: I | Issue no: 1-2016 | Pagination: 1-12
?Access to justice? means having recourse to an affordable, quick and satisfactory settlement of disputes from a credible forum. This paper is an attempt to critically analyze the concept of access to justice. The revolution brought in the concept of access to justice since ancient India is also briefly discussed in this paper. For reaching the end of access to justice, the law must answer the bands of power laid down by Julius Stone. Various spectrums under the bands of power are discussed here. The main focus of this paper is about the ways to improve access to justice in India, for example legal aid, lok adalats, arbitration and conciliation etc. Cost of litigation, delays in civil system, arrears of cases are gaps which need to be fulfilled for dispensation of justice. Any model of access to justice has to address the issue of parity of power. Perfect equality may be impossible but still attempts can be made to build a system of access to justice based on parity of power.
Regulatory Challenges Of Bitcoin Mining And Trading: Need For International Harmonization
Author:Ronit Lal Sarangi & Rituparna Sanyal
Volume: I | Issue no: 1-2016 | Pagination: 13-18
With a broader outset to revolutionize virtual currency market ?bitcoins? advanced the way through startups and legal roadblocks. The paper reflects the ?status quo? in regulations and intentions of the government towards this peer to peer system of cryptocurrency. The authors have tried to review the RBI circular warning if 2013 owing to the facet of it being a risk or a boon to the traders and consumers. The work has a pragmatic approach towards bitcoins being a currency, property or a computer programme. Further, we have tried to look into other jurisdictions and how it behaves when it comes to legality and taxation of the same. This is a brief comment with a need to harmonize the virtual worth, taxability, legality, ease of doing business and threat free. The objective is to seek for an international harmonization to seek legality and avoid hindrances in bitcoin trading and mining.
Emerging Trends Of E-Consumers & Determining Jurisdictional Disputes In India
Author: Praveen Kumar Mall
Volume: I | Issue no: 1-2016 | Pagination: 19-30
The internet has provided consumers with a powerful tool for searching and buying goods and services. This paper discusses the emerging trends of e-commerce, through case studies, how the recent developments in the Information and Communication Technology can be gainfully employed in social development. The traditional approach to jurisdiction invites a court to ask whether it has the territorial, pecuniary, or subject matter jurisdiction to entertain the case brought before it. But, with the internet, the question of territorial jurisdiction gets complex mainly because it is borderless. Recognizing such a multifaceted concern, this paper throws light upon numerous theories, doctrines and principles developed by courts both in and outside India. Further, the paper also looks into the principles of Private International Laws concerning the issue. Furthermore, the paper also highlights the attempts made by The IT Act 2000 to change outdated laws and provides ways to deal with cyber-crimes.
A Critical Analysis Of Controls On Maladministration And Corruption In India
Volume: I | Issue no: 1-2016 | Pagination: 31-46
Maladministration is worse than corruption. While the effects of corruption are felt after a period of time, the effects of maladministration cause immediate misery to the people. It is the demand of prudence that when sweeping powers are conferred on administrative organs, effective control mechanism be also evolved so as to ensure that the officers do not use their powers in an undue manner or for an unwarranted purpose. It is the task of administrative law to ensure that the governmental functions are exercised according to law, on proper legal principles and according to rules of reason and justice. However with the increase in the scope of administration in India, a feeling has arisen in the public mind that vesting of such vast powers in the administration has generated possibilities and opportunities of abuse or misuse of power by administrative functionaries resulting in maladministration and corruption. Due to the laxity and delay in the redress of individual grievances by administrative bodies and the officials, the public confidence in administration has reached its nadir. In this work, an attempt has been made to identify the magnitude of the maladministration problem and a few significant issues and challenges that confront the Indian administrative system. This paper also tries to analyse the present legal framework available to control maladministration and corruption in India.
Acc Cement Plant, Barmana In Himachal Pradesh: Boon Or Bane
Author:Dr. Bhavana Sharma
Volume: I | Issue no: 1-2016 | Pagination: 47-57
The outline of the research paper is as follows. Himachal used to be a dust free State. But currently 7 Cement Plants are functioning in the State and three of them are within an area of less than 50 kms. Now, there was curiosity in the Researcher?s mind that whether these Plants have really benefitted the State or not. So, the Researcher took this study. The proposed paper concludes with a key message that no doubt that development is necessary but it should not be at the cost of natural resources and proper steps should be taken to control the ill effects of such developmental activities.
Judicial Activism In India: A Little Done And Vast Undone
Author:Harsh Vardhan Singh Jugtawat
Volume: I | Issue no: 1-2016 | Pagination: 58-69
From Sakal Newspaper to till now, the active role of the judiciary cannot be forgotten. Especially in Maneka Gandhi case where Article 21 of the constitution was expanded to such a level that it become a boon for the individual. However, there are still some areas where reforms are required for the efficient working of judicial activism. Just like the United States Supreme Court, the Indian Supreme Court also expands its limits from constitution to other fields. The Indian Supreme Court should also decide cases on the basis of its own philosophy. Indian judiciary often gets influenced by a ruling party. The A.D.M. Jabalpur case shows how weak the court could be against the executive. Sometime government does not actively respond to the decision of the judiciary (M.C. Mehta Case). So all these defective party should be reformed for the better function of judicial activism in India.
Religious Inequality: A Constitutional Prejudice?
Volume: I | Issue no: 1-2016 | Pagination: 70-85
The aim of this paper is to study and evaluate the position of women and the discriminations they face in the name of religion in the past and at present, at national as well as international level. Religious inequality is valuing or treating a person or group differently because of what they do or do not believe. Specifically, it is when adherents of different religions are treated unequally, either before the law or in institutional settings such as employment or housing. The paper initially develops on the idea by mentioning the ancient texts which lays down the foundation of discriminations against women. Then it goes on to discuss the national as well as international perspective of religious injustice. It also discusses about the safeguards provided to women by the Constitution and the Statutes. It discusses, with current issues, the status of women in the society and attempts to point at the injustice they are facing in the name of religion. Several examples have been cited to show a weak law as regards to such situations. Finally, an attempt is made to provide suggestions in order to try and prevent such discrimination in future and thus conclusions are drawn on the same.
Cyber Bullying: An Indian Perspective
Author:Ashna Mehta & Rishabh Jaiswal
Volume: I | Issue no: 1-2016 | Pagination: 86-101
Internet has touched every aspect of human life, bringing ease in connecting people around the globe and has also made information available to huge strata of the society on a click of a button. With advancement, came unforeseen banes of cyber offences. Cyber stalking, cyber bullying, spoofing, phishing, credit card frauds are a few to name from the possible cyber offences and many are still not predictable. Cyber bullying is a form of electronic communication which harms the reputation or privacy of an individual, or threatens, or harasses, leaving a long lasting impact. It is using beyond the permissible limit or unauthorized use of electronic technology affecting the life and reputation of another. The paper aims at introducing the concept of "Cyber Bullying", how it is different from cyber stalking, effects and consequences, remedies available under Criminal Laws and Information Technology Act, and its prevention. The objective of the paper is to discuss international laws prevailing and provision of cyber bullying in other countries while highlighting the need for defining cyber bullying from Indian perspective, making specific regulations against it, and the experts needed in making for such law.
Jurisprudential Understanding Of Homosexuality
Author:Lakshmi Gnana Tejaswi
Volume: I | Issue no: 1-2016 | Pagination: 102-107
Morality explains about the values and virtues that one person holds within oneself. Application of morality is seen when actions against the generally accepted practises are performed, in the society. Morality is very subjective in nature and thus is difficult to define and differentiate. Morality is also the root that helps an individual to distinguish the right from wrong, in ones actions, the actions of a group and the actions of the society and in large the state. It is well established that a State can act to protect the moral welfare of the community, and many laws restricting homosexual conduct are justified by invoking moral arguments. For example, homosexuality has been associated with personal lethality and the decline of the traditional family. The view of political conservatives is that the nuclear family is the core element of a conventional social order. As a consequence, political conservatives tend to support a traditional family structure vehemently. It is because homosexuality represents an alternative to convention and traditional family structure, many political conservatives view homosexuality as a threat to social order. The legality of homosexuality has been questioned quite a few times in the recent years. While some consider it to be as natural as the colors of the rainbow, others consider it to be a phase which needs a cure.
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