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ABORTION LAWS IN INDIA – A RIGHT OR A PRIVELEGE 印度的堕胎法——一种权利或特权
Pub Date : 2022-02-15 DOI: 10.59126/v1i4a4
The concept of abortion has become a horrific crime, or rather a social norm, in India, a country of atheism and spirituality, but the wave of modernization and the post-colonial ideological conflict will cause people to move between cultures. And the culture of dealing with current difficulties, including medical abortion, was a sign of reassurance for everyone. This article describes the Medical Abortion Act of 1971, the amendments made in 2002 and 2003, and the rules and improvements made. This article addresses not only initiatives to improve women's reproductive rights and the availability of safe abortion, but also needs, issues and some issues that are often overlooked.
在印度这个无神论和灵性的国家,堕胎的概念已经成为一种可怕的罪行,更确切地说,是一种社会规范,但现代化的浪潮和后殖民时代的意识形态冲突将导致人们在文化之间流动。处理包括药物流产在内的当前困难的文化,对每个人来说都是一种安慰。本文介绍了1971年的《药物堕胎法》、2002年和2003年的修正案以及所作的规则和改进。本文不仅讨论了改善妇女生殖权利和安全堕胎的举措,还讨论了需求、问题和一些经常被忽视的问题。
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引用次数: 0
DISTRIBUTION OF POWER BETWEEN CENTRE AND STATE: THE LEGISLATIVE AND ADMINISTRATIVE ASPECT 中央和国家之间的权力分配:立法和行政方面
Pub Date : 2022-02-15 DOI: 10.59126/v1i4a5
A country consisting of 28 states and eight federal territories, India follows a federal system in which legislative, administrative and financial powers are divided between the federal / central and state governments. This research paper examines the legislative powers of the Centre and the detailed constitutional provisions for the three lists, namely the union list, the state list, and the states listed at the same time, under Article 245, Article 254 of the Constitution. In addition, this paper analyses the division of administrative power when the powers of unions and state governments extend to the subject of the list of unions and states, respectively, as defined in Article 256, Article 263 of the Constitution. The end-of-life study also educates readers about the exercise of administrative and legislative power over federal territory by the central government and the president of the country. Like other federal constitutions, the central and state governments work closely together, and in most cases one jurisdiction exclude the other.
印度是一个由28个邦和8个联邦直辖区组成的国家,实行联邦制,立法、行政和财政权力在联邦/中央政府和邦政府之间分配。本文考察了中央的立法权,以及宪法第245条、第254条对三种名单(即联盟名单、州名单和同时列出的州名单)的详细宪法规定。此外,本文还分析了当工会和州政府的权力分别扩展到宪法第256条和第263条所定义的工会和州的清单主体时,行政权力的划分。这项临终研究还让读者了解了中央政府和国家总统在联邦领土上行使的行政和立法权。像其他联邦宪法一样,中央和州政府紧密合作,在大多数情况下,一个司法管辖区排斥另一个司法管辖区。
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引用次数: 0
COMPANY LAW AND ITS VARIOUS ELEMENT 公司法及其各种要素
Pub Date : 2022-02-15 DOI: 10.59126/v1i4a6
Law acts as a guideline to what is accepted in society. Hence, it is imperative for various organisations who abide by these guidelines. Indian Company Law was presented by government for the benefit of people. Companies Law is a means of discipline, regulations and guidelines while governing an enterprise. In order to understand Company Law, it is important for us to know about what a company is and what are its various forms. Seeing the need of the hour, our national government created a team, IRANI COMMITTEE, which introduced Companies Bill in 2012 which got approved and is known as Companies Act, 2013 today. Companies Act states the framework of an enterprise or an organisation. The authors try to elucidate on the journey of Indian Company Law by discussing various forms of companies, incorporation of a business and approval and removal of its Board of Directors.
法律是社会所接受的准则。因此,遵守这些准则的各种组织是必要的。印度公司法是政府为了人民的利益而提出的。公司法是管理企业的纪律、规定和指导方针的手段。为了理解公司法,了解公司是什么以及公司的各种形式是很重要的。看到了时间的需要,我们的国家政府成立了一个小组,伊朗委员会,于2012年提出了公司法案,该法案获得了批准,今天被称为2013年公司法。《公司法》规定了企业或组织的框架。作者试图通过讨论各种形式的公司、公司的成立以及董事会的批准和撤销来阐明印度公司法的发展历程。
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引用次数: 0
PERSONAL LAW AND HUMAN RIGHTS IN INDIA - A REVIEW 印度的属人法与人权——述评
Pub Date : 2022-02-15 DOI: 10.59126/v1i4a10
Aarohi Bhalla
India is a multicultural country that nests different groups of ethnicity and essentially nurtures different religions. While such diversity of India is often appreciated, it creates various problems about the personal law of different communities and therefore the human rights violation. The recent events of CAA or the Kashmir revocation essentially focus on the attacks of the Indian government upon the Muslim minority community and hence the question of codification of personal laws come to the surface. Even though the scope of personal laws is not guaranteed under the Part III of the Constitution of India, personal laws are adjudicated under Article 44 of the Constitution of India. In this research paper, we shall try to understand the connection between personal law and human rights and how the events of human rights violations in India can be structured better with codified personal laws.
印度是一个多元文化的国家,孕育了不同的种族群体,本质上孕育了不同的宗教。虽然印度的这种多样性经常受到赞赏,但它在不同社区的属人法方面产生了各种问题,因此侵犯了人权。最近的CAA事件或克什米尔撤销事件基本上集中在印度政府对穆斯林少数民族社区的攻击上,因此编纂个人法的问题浮出水面。尽管《印度宪法》第三部分没有保障属人法的适用范围,但《印度宪法》第44条规定了属人法的适用范围。在这篇研究论文中,我们将试图理解属人法与人权之间的联系,以及如何通过编纂属人法更好地组织印度侵犯人权的事件。
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引用次数: 0
UNDERSTANDING SEDITION LAW IN INDIA 了解印度的煽动叛乱法
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a16
India has adopted various laws from the British rule, one such law is Sedition law. Section 124 (A) of the Indian Penal Code, 1860 talks about Sedition and also states the punishment for this offence i.e. imprisonment for 3 years which may extent to life imprisonment along with which fine may be added. In simple words Sedition may be defined as an act or acts done, which brings the people against the elected Government. Sedition law was first introduced by British Government in the year 1870. This paper will discuss about how this law was used to stop the leaders of independence movement and will also describe the historical background of Sedition law. Sedition includes all such practices which, may be by word, deed, or writing, disturb the peace of the State, Government or law and order of the country. This paper will discuss about the Constitutional Validity of Sedition law and about the judicial interpretation of this Section. Sedition law is basically to protect the sovereignty and integrity of the country. However, this law is considered as one of the most controversial law in India. Because it imposes a limitation on freedom of speech and expression of an individual. In this article you will find the difference between freedom of speech and expression as provided under Article 19 (1) of the Indian Constitution and Sedition law. Lastly, the paper will discuss about some important judgments which shaped and gave a proper interpretation to describe in the Sedition law in India.
印度采用了英国统治下的各种法律,其中一项法律是煽动法。1860年《印度刑法典》第124 (A)条谈到了煽动罪,并规定了对这种罪行的惩罚,即3年监禁,可能扩大到终身监禁,并可能加上罚款。简单地说,煽动叛乱可以定义为一种或多种行为,使人民反对民选政府。1870年,英国政府首次引入煽动法。本文将讨论这项法律如何被用来阻止独立运动的领导人,并将描述煽动法的历史背景。煽动叛乱包括一切以言语、行为或文字扰乱国家、政府安宁或国家法律及秩序的行为。本文将对煽动叛乱法的宪法效力及其司法解释进行探讨。煽动叛乱法基本上是为了保护国家的主权和完整。然而,这项法律被认为是印度最具争议的法律之一。因为它限制了个人的言论和表达自由。在本文中,您将发现印度宪法第19(1)条和煽动叛乱法规定的言论自由和表达自由之间的区别。最后,本文将讨论在印度煽动法中形成并给予适当解释的一些重要判决。
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引用次数: 0
CRIMINALIZATION OF POLITICS CHALLENGE TO INDIAN DEMOCRACY 将政治定罪是对印度民主的挑战
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a4
Abhisena Dey
The political system of "Parliamentary Democracy" which the Constituent Assembly adopted was built on the ideals of democratic republic, popular sovereignty and secularism. In India, because of its heterogeneous political-socio-economic structure, it was decided to implement this concept owing to the notion that a political representative would act as a catalyst to integrate the country. The politicians were seen as personifications of social service, leadership, and sacrifice by the people of the Country. People were expecting Gandhian ideology in politics. But today, India's growing criminalization of politics is an important element of the political life of the country. The emerging scandals and occurrences in government are an indication of loot and malfeasance in governance. From the viewpoint of the law and order, one can notice a clear decline over the decades, and the situation now is such that getting convictions for significant offences has become a lot more difficult. This is because politicians turn to criminals during the time of elections. When criminals and antisocial elements are under pressure from law enforcement agencies, they also go to politicians to seek support. As a result, the process of obtaining incriminating evidence in criminal investigations is greatly hindered by the politicians. Now things have only gotten worse. As criminals realize that politicians can be elected through the use of muscle power, more and more of them try to run for office themselves. A good number of them have contested for the elections and been elected as well. In fact, there are several of them who now hold ministerial positions. Recent experience has shown that if someone is elected to a legislative or ministerial position- all criminal charges against him go into drawers where they are forgotten about forever. The fall-out in other sectors has been no less devastating, since political criminalization has devastated the health and clean functioning of our democratic political system.
制宪会议通过的“议会民主”政治制度是建立在民主共和国、人民主权和世俗主义的理想之上的。在印度,由于其不同的政治-社会经济结构,决定执行这一概念,因为一名政治代表将成为促进国家一体化的催化剂。政治家被视为社会服务、领导和牺牲的化身。人们期待甘地的意识形态进入政治。但是今天,印度越来越多的政治犯罪化是该国政治生活的一个重要因素。政府中出现的丑闻和事件表明了治理中的掠夺和渎职行为。从法律和秩序的角度来看,人们可以注意到几十年来的明显下降,现在的情况是,对重大犯罪定罪变得更加困难。这是因为政客们在选举期间转向犯罪。当犯罪分子和反社会分子受到执法部门的压力时,他们也会向政治家寻求支持。因此,在刑事调查中获取罪证的过程受到政治家的极大阻碍。现在情况变得更糟了。当罪犯意识到政治家可以通过使用肌肉力量当选时,越来越多的罪犯试图自己竞选公职。他们中的许多人都参加了竞选,并当选了。事实上,他们中有几个人现在担任部长职务。最近的经验表明,如果有人当选立法或部长职位,所有针对他的刑事指控都会被永远遗忘在抽屉里。其他部门的后果也同样具有破坏性,因为政治定罪破坏了我们民主政治制度的健康和廉洁运作。
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引用次数: 0
COMPETITION LAW: PRECURSORS, PRACTICE AND PROBLEMS 竞争法:先驱、实践与问题
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a3
Sathya G Krishnan
Law brings structure and order in the society. Rightly so, it is imperative to have a strong competition law regime in place to guide the activities of the marketplace, the backbone of the economy. India has had a very eventful journey in finding out, formulating and fixing a proper competition legislation in place. The Competition Act regulates the domestic market activities of India by supporting activities that promote healthy competition. As India completes almost two decades after the enactment of the Competition Act of 2002, the author tries to elucidate on the journey of Indian Competition law by discussing its precursor, the MRTP Act, the present legislation, and also enumerates the challenges that are faced by the competition and anti-trust laws in the country.
法律给社会带来结构和秩序。有必要建立一个强有力的竞争法制度,以指导作为经济支柱的市场的活动。印度在寻找、制定和完善适当的竞争立法方面经历了一段非常曲折的历程。《竞争法》通过支持促进健康竞争的活动来规范印度的国内市场活动。由于印度在2002年竞争法颁布近二十年后,作者试图通过讨论其前身MRTP法案,现行立法来阐明印度竞争法的历程,并列举了该国竞争法和反垄断法所面临的挑战。
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引用次数: 0
SEDITION LAW: A FRIEND OR FOE? 煽动叛乱法:是敌是友?
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a15
Aryan Data, Khushi Gupta
Freedom of opinion and expression is essential for the entire development of a person. They are the foundation of any free and democratic society. Because it gives meaning to life, freedom of speech and expression is the first and basic human right, the basic condition of freedom, and the mother of all rights. However, when exercising freedom of speech, questions often arise, such as how far the state can regulate individual behavior. Personal autonomy is the cornerstone of basic freedom; therefore, every constraint is strictly evaluated. However, this right can always be appropriately restricted to ensure that it is used correctly and that all people have equal access to it. Section 124A of the Indian Penal Code of 1860 defines sedition as a criminal offence. The importance of this part in an independent and democratic country is a hotly debated topic. This article looks at sedition and why it cannot be compared with Article 19 (Right of Freedom of Speech and Expression) of the Indian Constitution. It also raises the issue of application in a democratic world where freedom of speech and expression is regarded as the mother of all rights, and compares India’s sedition legislation with those of Australia, the United Kingdom, and the United States of America, as India’s sedition law viewpoint Different from other countries.
见解和言论自由对一个人的全面发展至关重要。它们是任何自由民主社会的基础。因为言论和表达自由赋予了生命意义,所以它是首要和基本的人权,是自由的基本条件,是所有权利之母。然而,在行使言论自由时,经常会出现问题,例如国家可以在多大程度上规范个人行为。个人自主权是基本自由的基石;因此,每个约束都是严格评估的。然而,这项权利总是可以适当地加以限制,以确保它得到正确使用,并确保所有人都有平等的机会使用它。1860年印度刑法典第124A条将煽动叛乱定义为刑事犯罪。在一个独立民主的国家,这部分的重要性是一个热议的话题。这篇文章着眼于煽动,以及为什么它不能与印度宪法第19条(言论自由权)进行比较。文章还提出了在言论和表达自由被视为一切权利之母的民主世界中的适用问题,并将印度的煽动法与澳大利亚、英国和美利坚合众国的煽动法进行了比较,因为印度的煽动法观点与其他国家不同。
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引用次数: 0
CYBERCRIME: A MULTIFACETED ONE 网络犯罪:一个多方面的问题
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a6
Mitali Aryan
Cybercrime has caused widespread damage to personalities, companies, including the city council. Computers have unleashed an era of greater efficiency and creativity. Communication and connectivity have reached new heights in the last twenty years. The Internet started a new revolution, the online revolution. As the masses are accustomed and inclined to their daily activities online, most are looking for easy money and information. This criterion represents modern criminals who, in addition to the availability of extensive equipment to access almost all systems, enjoy the anonymity of boundless cyberspace and therefore take human error and system vulnerabilities for granted. The batch consists of these cyber criminals, malicious hackers, malicious hackers, and spammers. This paper attempts to understand cybercrime on a long continuum, starting with the doctrinal research method part. Research and analysis of the world's leading cybersecurity companies were integrated. Without delving into the actual instruments of manipulation, an attempt was made to visualize all progress as a series of activities.
网络犯罪对个人、公司,包括市议会造成了广泛的损害。计算机开启了一个效率更高、创造力更强的时代。二十年来,世界互联互通达到新高度。互联网开启了一场新的革命,在线革命。随着大众习惯并倾向于在网上进行日常活动,大多数人都在寻找轻松的金钱和信息。这一标准代表了现代犯罪分子,他们除了可以使用大量设备访问几乎所有系统之外,还享有无限网络空间的匿名性,因此将人为错误和系统漏洞视为理所当然。这批人包括网络罪犯、恶意黑客、恶意黑客和垃圾邮件发送者。本文从理论研究方法部分开始,试图从一个长期的连续体上理解网络犯罪。整合了对全球领先网络安全公司的研究和分析。在没有深入研究实际操纵工具的情况下,人们试图把所有的进步想象成一系列的活动。
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引用次数: 0
WITNESS PROTECTION SCHEMES 证人保护计划
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a18
Jeremy Bentham says that "witnesses are the eyes and ears of the judiciary" as they play an important role in bringing the accused to justice and seeing the truth in front of everyone. The Witness Protection Plan, 2018, is the first and first official attempt of the government at the national level to provide the necessary protection to the witness, which proves to be a solid base for the lifting of secondary victimization. This was to ensure that witnesses received the necessary protection. It also strengthens the adverse criminal justice system in the country and will inevitably increase national security from scratch. The paper deals with the Witness Protection Act of 2018 in a very authoritative way. We have tried to explain all aspects of each law. What are the basic terms and definitions related to the law? Then we have described the reasons why we need to protect witnesses and what the scope of the law is. And then we explain in detail what steps the authority is taking to protect the needy witness under the law. We also briefly describe who we can monitor and verify whether the safeguards have been implemented or not, whether they are working or not. We have also cited the case law necessary for our claims and evidence to be authentic. And finally we closed all the things well so that everything fell under them.
杰里米·边沁说,“证人是司法的眼睛和耳朵”,因为他们在将被告绳之以法和在每个人面前看到真相方面发挥着重要作用。《2018年证人保护计划》是我国政府首次在国家层面正式尝试为证人提供必要的保护,为消除二次受害奠定了坚实的基础。这是为了确保证人得到必要的保护。它还加强了该国的刑事司法制度,并将不可避免地从头开始增加国家安全。这篇论文以一种非常权威的方式处理了2018年的证人保护法。我们试图解释每条法律的所有方面。与法律相关的基本术语和定义是什么?然后,我们描述了为什么我们需要保护证人和法律的范围是什么。然后我们会详细解释当局在法律下采取了哪些措施来保护有需要的证人。我们还简要描述了我们可以监视和核实的对象,无论这些保障措施是否已经实施,以及它们是否正在起作用。我们还引用了我们的主张和证据的真实性所必需的判例法。最后我们把所有的东西都合好了,所以所有的东西都落在它们下面。
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引用次数: 0
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THE JOURNAL OF UNIQUE LAWS AND STUDENTS
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