VOLUME 1: ISSUE 1
ADOPTION OF AN ADOPTED CHILD:
A Second Chance?
Shubhani D Krishan
Abstract: Amongst Hindus, adoption is a sacred process. It does not merely stand for transfer of a child from one set of parents to another but along with it, the duties, rights and responsibilities associated with that child. This paper addAmongst Hindus, adoption is a sacred process. It does not merely stand for transfer of a child from one set of parents to another but along with it, the duties, rights and everything of that child. This paper looks into the issue which has not been given due consideration and the same is stated in the title of this paper. The process of adoption has been brought up in the Juvenile Justice Act, a Central Law and the same has been rejected in the personal law. This paper focuses on the reasons for the above-said statement in the light of adoption and the plausible recommendations to the laws which currently deal with adoption in India, specific to Hindus.
CLINICAL LEGAL EDUCATION: TRACING THE GROWTH
Abstract: The term ‘Justice’ has been subjected to various philosophical and political interpretations, rendering lack of any universal definition. As per various, the term ‘Justice’ has been subjected to various philosophical and political interpretations, rendering lack of any universal definition. As per various notions, it is a concept of rightness, fairness, morality, and victory of truth and virtue over evil instincts.1 Clinical legal education plays an important role to make poor people, underprivileged sections of the society acknowledge the principle of justice and seek the same without any financial roadblocks. Clinical legal education as a pedagogic technique focuses on the learner and the process of learning and intends not to create future lawyers who are mere craftsman manipulating advocacy skills in the traditional role of conflict resolution in court. Rather, it aims to develop perceptions, attitudes, skills which would enable holistic development and sensitize the lawyers about the social impediments and their obligation to overcome those. It enables law students, to undertake the responsibility of equitable distribution of the legal services in society and in upholding the basic elements of ‘professionalism’ such as competency, ethical values, etc.2In the contemporary era, it is imperative to expose law students to the practical facets of the legal profession, motivate them and empower them to formulate and implement effective policies which resolve the situation of access to justice or social justice in the country.3 Thereby this paper analyses the initiatives and prospects of clinical legal education in India.
MEDICAL NEGLIGENCE: NOT AN ACT OF GOD, ITS PRETTY CLEAR CUT
Abstract: Attacks on doctors and hospitals are quite common. The research questions that address this issue are: What are the safety measures that can be taken to protect doctors from mob attacks? Does training the current generation of doctors to improve the communication between the patients and doctors becomes an urgent need? What are the Kinds of violence that doctors face from the patient’s relatives and what are the psychological issues they result in doctors? What should a doctor do to avoid violence? What should the patient’s family and society at large do to prevent violence? This study is to identify the violence rate in Indian healthcare. The methodology involves explanatory approaches and development of an integrative framework to facilitate the understanding of violence occurs in hospitals. At least 19 states of India-including West Bengal, the epicentre of the protests, passed what is called the Protection of Medicare Service Act, known as the Medical Protection Act (MPA). The main concern is the absence of adequate economic investment in healthcare e.g. only 1% of the GDP of India. The services rendered by the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from Consumer Courts. Case laws are crucial sources in law in adjudicating various problems concerned with negligence arising in medical treatment.
A COMPARATIVE STUDY OF FALSE CONFESSION AND ITS COMPLIANCE TO DIFFERENT NATION
Deeksha Karunakar & Deepika Teotia
Abstract: Sir William Garrow once said, “Innocent until proven guilty”. This statement has been followed in every legal aspect. But is the statement true as it seems? Sometimes an innocent person is landed as guilty of the crime he never committed, due to his admission of committing the crime in front of the authorities. These misleading statements are provided under pressure, threat, undue influence from others or by any other means. The confession statement costs an innocent his entire life. This paper will focus on such matters which showcase that innocence can’t be proven by anybody in any matter even if their statement states otherwise.
THE HISTORY BEHIND A DECLA-RATION OF INDEPENDENCE: KOSO-VO AND ITS IMPACT ON THE
Abstract: Secessions occurred throughout history and will continue to do so, in the face of oppression, better economic prospects, and for a variety of reasons past cases of severance have included that of Pakistan in the parcel of India in 1947, the split away of Singapore from Malaysia in 1965, Bangladesh from Pakistan in 1971, States rising up out of the separation of for-mer the Soviet Union, and the six free breakaway States of the previous Yugoslavia, including Croatia, Bosnia-Herzegovina, and Slovenia. Even with past withdrawals, it is profoundly mistaken to propose that Kosovo would trigger a flood of new sever-ances. Kosovo’s street to freedom was brutal, with up until now extraordinary global inclusion, and has made significant restriction. Kosovo additionally is a reverberating case of a recently free State’s reliance on international acknowledgement of its status. On the off chance that anything, Kosovo would serve to deflect other people who may accept that a one-sided assertion of autonomy is a simple panacea to fix all ills. This article aims to deeply analysis the journey of Kosovo in gaining independence and how international law has played an extraordinary role in dealing with the whole trivia.
Vainy Chetan Kacharia
Abstract: This research paper provides an overview of green criminology. Across the world, there is significant evidence that humans produce extensive ecological harms that damage the local and global ecosystems and have deleterious effects on the species that live in those ecosystems. These ecological damages are types of natural confusion. This research paper targets giving the reasons that lead to ecological criminalization by people and one of the principle issues and worry of this n before nature.
THE ABROGATION OF ARTICLE 370
Abstract: The State of Jammu and Kashmir was acceded to India by Maharajah Hari Singh’s Instrument of Accession in late 1947 with a condition of plebiscite and sovereignty of its people. Article 370 was embedded in the Indian Constitution as a brief arrangement which gave extraordinary status to the territory of Jammu and Kashmir. Be that as it may, by Presidential request of 2019, Article 370 was rejected and State of Jammu and Kashmir lost its exceptional status. Jammu and Kashmir were changed over into two association regions. This paper examines the established legitimacy of such presidential request and move of changing over the state into a Union Territory. Further, it also discusses changes made by such abrogation and its possible outcomes.
THE NON-DUALISTIC REALITY OF IDEALIST INDIAN PHILOSOPHY
Abstract: In Indian philosophy, the conception of reality has been largely debated upon amidst the various schools. This essay seeks to understand the journey through which the non-dualistic Idealist schools of Indian Philosophy reached their respective conceptions of reality. The schools of Indian philosophy are largely divided into two sections, āstika and nāstika: those that believe in the authority of the Vedas and those who do not. The Idealists, or Vedānta school come under theāstika schools but are preoccupied principally however with a particular part of the Vedas. The word Vedānta directly translates to “end of the Vedas”1The ‘end’ here was at first thought to mean only the Upaniṣads, the last literary contributions of the Vedic period. Three broadly categorised forms of literature can be distinguished as follows; hymns and mantras compiled in different Saṃhitās, i.e., Rg* Veda, Yajus and Sāmas consisting of hymns written in praise of deities such as Agni, Indra, Varuna, Mitra and so on; the second was the Brāhmanas which contains treatises and rituals that were considered guides for when one entered life and was made to perform the daily household rituals; and the last of which being the Upaniṣads which discussed philosophical problems.
ADVAITA VEDĀNTA : LAYERS OF REALITY
Abstract: The question of reality is one that has been debated upon by the various schools of Indian philosophical thought without cease. For the Idealist school, there exist layers to reality. If peeled away one by one, is it possible to achieve an ultimate reality? Can reality have an ultimate at all? In daily life, one is frequently made aware of the dichotomy of appearances against reality. Money is but a piece of paper that we conventionally call currency. A photograph of a man is also really only paper that has the appearance of a man. Images in a mirror may appear to be real objects but they are but a reflection of the same. The distinction between the real and the apparent is utilized philosophically by the idealist school of Indian thought, the Vedāntan school, to explain the relation of God to the world, to reality. This paper seeks to explore the intricacies of reality through the lens of the Advaita Vedāntan school of thought. To further complicate the notions of the illusoriness of reality, we will be analysing the idealist school in opposition with the realist school.
SALUS POPULI EST SUPREMA LEX: WELFARE SYSTEM IS A SUPREME LAW
Divya Praveen Kumar Jain & S. Shaalini
Abstract: India is one of the fastest-growing economies in the world, which is administered by an established and detailed written constitution. The agenda of the welfare system in India should be the supreme law. In our Indian constitution, Part IV of Directive Principles of the State policy has been laid down by the norms that are devoted to the people’s welfare. The administration has to take up responsibilities for the welfare that serves the common good to the public. This article examines the challenges, effects, and reasons for urban-rural differences in this issue. The agenda of the article is to represent the significance of public welfare in Indian society when it comes to health, safety, and welfare amid urban-rural society with the concept of Salus Populi Est Suprema Lex and the necessity of government for implementing the legal maxim as a core agenda while including public participation amid heavily blended society including the principles of traditional democratic theory. Our opinion based on our findings has been clearly stated as to how the government can work on improving the efficiency of each pillar of society.
LEGALIZATION OF MARIJUANA
Alagappan Narayanan & Yoagesh Manikannan
Abstract: The issue of legalizing Marijuana is not a new one. It has been banned due to several reasons, but its scope for misuse is first in the list. It has to be noted that the Food Drug and Administration around the world has approved THC (tetrahydrocannabinol), one of the innards in Marijuana to treat nausea and improve appetite. It is scientifically proven that alcohol causes severe damages to body parts unlike marijuana, which can be used for medicinal uses and it is even approved by FDA in several other countries. The Indian Government can impose certain inhibitory measures to people on using marijuana and ensure a balance between the right of a person and protecting the Human Rights, rather than totally restricting the use of marijuana. Thereby, restricting the use of marijuana is totally one-sided and discriminatory in nature. This paper throws light on the benefits of using marijuana, the need for protecting the right to health and the responsibility of the state in doing it. The author, hereby, affirms that legalization of Marijuana will pump massive growth to our GDP.
DRUG LAWS AND SOCIETY
Abstract: Drug laws and society are interlinked to each other. The aim of the topic is to look upon the various drugs that are consumed by the people especially by the youth. Though India has an Act for the prohibition of consumption and production of drugs, it has not been successful enough in reaching the public. Drugs have a lot of influence on youth’s behavior towards their society and it can change their social perspectives totally. Abusers are persons who have been consuming drugs for their own personal reasons like family issues, educational stress or peer pressure. Peer pressure being the most common of them all, it is always the friends that acknowledge us to try it. More importance should be given on children during their adolescents as that’s the most common age to fall for things like these. Drug abuse is something that is very rapidly growing in our country and the youth are the ones who are affected by it the most. Since the availability of drugs is also easy now, more importance should be given to eliminate its access as it will only put the future of the young ones at stake.
VULNERABLITY OF INDIAN JUDICIARY AND COMPARATIVE ANALYSIS
Nagajothi.P & Barathkumar.K.M
Abstract: What is Justice and how do we avail it? For common people, Justice is always associated with delays and expenditures that don’t prove useful in the longer term. This paper is going to deal with comparative analysis of judiciary in different countries. Particularly, Indian Judiciary and its ramification on people will be looked into. Majority of the Indian working class feels that going to the court will eWhat is Justice and how do we avail it? For common people, Justice is always associated with delays and expenditures that don’t prove useful in the longer term. This paper is going to deal with comparative analysis of judiciary in different countries. Particularly, Indian Judiciary and its ramification on people will be looked into. Majority of the Indian working class feels that going to the court will extract large effort from them and will make them spend enormous money which they earned. This article will also analyse the “World Justice Project” for a sharp understanding of the judiciary systems all over the world. The report shows that the rule of law is weak in many places around the world. Denmark, Norway and Finland hold best positions in the field of justice. Eventually, India occupied the 69th rank in the world and 98th rank in civil justice which explicitly shows India’s position in the Judiciary. Most of the countries in the list of the best performances in Judiciary have laid down judges and jurors i.e. the person who is assisting a legal judge. The major problem faced by the Indian judiciary is pending cases which exceed 3crores at present. The Indian constitution itself provides Article 21 for Right to speedy trial since the courts are facing sluggish syndromes. There were many instances when judgments were delivered after a long journey of trials. For example, The Nani Gopal Paul vs. State of West Bengal case was filed in 1800 which is still in hearing. This paper gives a statistical analysis of justice system and focuses on the cause of delay in justice and tries to give remedy to that.