VOLUME 1 : ISSUE 2

VOLUME 1: ISSUE 2

AN ANALYTICAL STUDY ON THE ROLE OF MICROFINANCE FOR EMPOWERING WOMEN IN INDIA

By
Raj Srivatsava

Abstract: In this paper I have discussed the structuring of microfinance and how microfinance deals with the empowering of microfinance. NGOs play a vital role in microfinance to empower poor and needy people’s especially women in rural areas. It is one of the crucial factors which are dominated by many programs, schemes, and mainly self-help group. This paper also finds to examine the poverty alleviation, socio-economic, and empowerment of its beneficiaries. This the paper is a humble attempt to address the issue for poverty, why only women face a lot of problems in rural areas more than urban areas, there were limited access of women to housing, their dependency land. This paper also examined the initiative taken by the microfinance institution and some of the steps are taken through social, economic empowerment which results in their own role in rural areas.

DOMESTIC VIOLENCE: CRUELTY WITHIN FOUR WALLS

By
Indrajit Bhowmick

Abstract: The term ‘Domestic Violence’ holds a very interesting paradoxical transition which in itself is violative of holding or granting basic human rights. The traditional Indian culture holds certain patriarchal norms and rules have raised a question relating to such violence making it quite complex to interpret, which ultimately leads to struggle for seeking proper justice within a stipulated period. Women’s movement in India can be observed from the period of the early ’70s when the issue of gender importance began to gain traction as compared to other issues that were of point of concern. Although this movement is having an old phenomenon, in which its roots can be reckoned back to the nationalist movement, tracing back to the early 1920s. From the 1920s to the 1970s, the women’s movement was heavily influenced and controlled by external economic and political forces. During the 1970s, death occurrence of married women by way of letting kitchen fires to get their spark became common parlance during this period. These acts being closely associated with ending up of life in a very pre-planned way been termed as ‘dowry deaths’, ‘bride burnings’, while the reason for such violence being not able to bring a certain amount of demanded money, assets and wealth from their parents to their conjugal tied families. Women’s movement in the early ’80s started taking a legislative form. Incidents of rape, violence, and dowry related offences, vis-a-vis uprising controversies of Shah Bano Case and Uniform Civil Code, urged and made it aware to the whole legislative system of this country that there was a need for specific laws so to address certain issues relating to women.

VIRAL JUSTICE – IS IT THE NEW REALITY OF SOCIAL MEDIA TRIALS FOR WOMEN LIBERATION MOVEMENTS ?

By
Priyal Pandey & Tanvi Uday Shetty

Abstract: The world has seen one too many revolutionary movements where women have used the media as a means to share their stories and spread their message for equality and justice far and wide. For people may be forgotten, killed or caught, but these revolutionary ideas live on forever. The world has evolved and with it has media, from the printing press to newspapers to primetime television and social networking sites. From the suffrage movement in the mid 1900’s to the Me-Too movement in 2017, media platforms have been vital in helping women garner support for their rights and have brought down their abusers in society.Instagram had recently turned into a boiling pot of opinions and judgements over the Boys Locker Room issue that involved a bunch of educated and privileged young men forwarding and objectifying images of women in their own peer group and as a side effect also unraveled how one of the girls who brought forth the issue, had misused the media platforms at her perusal to forward her own interests.In many ways, media communication has been a great help in expanding the horizons of women’s rights but the question has to be asked:Are media trials really paving the path to speedy justice?Through the lengths of the article we will explore the domino effect that follows via public outrage over social media, be it pressurizing the victim or the alleged accused, the movement being used by individuals to further their own popularity and development of herd mentality. An ethical and moral line needs to be drawn when a story explodes over any media platform, for the series of events that follow tend to subside rather than advance the revolution.

MARITAL RAPE: THE RIDICULE OF THE FLAWLESS INDIAN LEGAL SYSTEM

By
Ridhima Sharma

Abstract: Marriage is the pure relationship among two souls and both are at par in fulfilling the responsibilities of this institution. Both of them enjoy equal status and dignity among the masses. But now this institution is being degraded incessantly by the unscrupulous thoughts of some evil minds and this is the ridicule of these seventy-three years of independent and sovereign India. Marital rape is predominantly playing the paramount role in defiling the purity of this sacrosanct institution but still the lawmakers are restrained to remove this defect of the legal system. My further piece of writing will illustrate the reason of its emergence as well as the rapid increase to depict the necessity of bringing change into the existing legal provisions according to evolving socio-legal circumstances.

ENCUMBRANCE OF INDIAN E-COMMERCE COMPANIES UNDER COPRA 2019: A COMPARATIVE STUDY OF INDIA AND THE UNITED STATES OF AMERICA

By
Nimisha Khanna, Yajur Lath & Pranav Mattapalli

Abstract: E-commerce is now seen as a reality for many businesses and is a regular part of any business plan. This paper analyses the change in liabilities of the e-commerce companies in India after the adoption of the Consumer Protection Act, 2019 and the recommendation of the Draft Guidelines. Were the e-commerce companies sufficiently accountable to the consumers before this? Was there a need to revamp the Consumer Protection Act? An extensive analysis has been done on the liability of e-commerce companies pertaining to its history, the need of increasing the liability and its current status under the new law. In order to understand the new position of liability of the e-commerce companies in India better, the consumer protection laws and future legislations of India have been discussed and analysed in comparison with similar laws of the United States of America.

ROLE OF THE JUDICIARY FOR PROTECTING THE RIGHTS OF THE PRISONERS

By
Stuti Chowdhury

Abstract: A long list of fundamental rights is contented in part III of the Constitution. The inclusion of this chapter fundamental right in the Constitution of India is following the trend of modern democratic thoughts, the idea of preserving that which is an indispensable condition of a free society. The aim of having a declaration of fundamental rights is a certain elementary rights. Such as , right to life , liberty , freedom of speech , freedom of faith and so on , should  be considered as an inviolable rights regarding all the conditions and that shifting majority in Legislature if the country should not have a free hand in interfering with these fundamental rights. The Supreme Court has also considerably widened the scope of articles 19 and 21 for the various aspects of the society. As our society is dynamic in nature and when the constitution was made there was a different situation was imagined by the constitution makers and now with the changes of time situation has changed a lot. So prisoner’s right of speech in jail even article 21 which secure personal liberty of the people that also have been expanded. In this assignment I have mentioned about all those places where judiciary becomes more liberal towards the prisoners for securing their rights with some reasonable limitations.

PHYSICAL   DISTANCING   LEADING   TO COMMUNAL APATHY, WHO IS TO BLAME?

By
Shristi Singh

Abstract: Citizen is the member of state & who enjoys and perform certain rights with some duties. Right is an entitlement while duty is an obligation but these days due to some spitefulness among the people leads this physical distancing ending up with communal apathy which is drastically creating hatred among citizen. This paper will address communal apathy that is lack of concern about a community and how it is affecting our community. This paper will also contain some legal provision regarding this. And at last I will add a conclusion to it with some personal suggestions.

LGBTQA- THE OVERLOOKED COMMUNITY IN INDIA

By
A. Keerthikah

Abstract: LGBT community has always been an overlooked community and the people belonging to this community have been treated as second class citizens. This paper gives an analysis of what it’s like to be a transgender, gay, bisexual or a queer in India. It talks about the laws related to this community and the effects of those laws. It concludes with the changes that should be taken by the government to improve the conditions of LGBT in India.

EVOLUTION OF TRANSGENDER RIGHTS

By
Sharyu Rumde

Abstract: The Constitution of India has guaranteed certain fundamental rights to the citizens of this nation which are to be availed by one and all. Despite this, ever since independence, a community of this society has been grossly robbed of these rights. The transgender community was treated as an outcast for years which finally led them to fight for their rights and demand justice before the Courts of Law. This article focuses on their fight for rights, the legal recognition of their gender, and the decriminalization of their sexual orientation. It further discusses the aftereffect of the landmark judgments, and then brings in light the measures taken on behalf of the government. Finally, the introduction of various bills and the enactment of an act for protecting transgender people’s rights are being discussed in detail. The concluding matter aims at highlighting the negatives and suggesting measures for the betterment of the community.

UNTOUCHABILITY IN INDIA – A DISCUSSION ON LEGAL, SOCIAL AND HISTORICAL ASPECTS OF THE LARGEST PROBLEM OF INDIAN SOCIETY

By
Ashu Vaishnav

Abstract: This essay studies the evolution of the practice of Untouchability in India, and provides a brief historical overview. Following that; this essay lists the historical, legal and social aspects of various rulings and laws pertaining to Untouchability and their legal rights. Then this essay discusses various important cases in recent times, regarding violence against the community. In conclusion, this essay represents the author’s views regarding the whole affair and gives the reader some points to ponder upon.

SENTENCING IN INDIA: A Critical Insight

By
Padmini & Anshika Goel

Abstract: In India, neither the legislature nor the judiciary organ of the state has issued structured sentencing guidelines. Several governmental committees have pointed to the requisite to adopt such guidelines to minimize confusion while awarding sentences. The expression sentence in law denotes the punishment that is undoubtedly ordained (or could be ordained) by a trial court in a criminal procedure. A sentence constitutes the final definite act of a judge-ruled decision as well as the symbolic principal act connected to their task. The sentence may usually call for a decree of a capital sentence, imprisonment, a fine, and/or alternate punishments against an accused convicted of a crime. The Code of Criminal procedure, of 1973 (hereinafter referred to as ‘CrPC’) vests wide discretionary powers with the judges once the conviction takes place. The provisions relating to sentencing are contained in the following sections, namely-S.235, S.248, S.325, S.360, and S.361. The judges back their judgments by sound legal reasoning; however such reasoning is not able to meet the needs of the criminal justice delivery system and is leading to an incoherent legal system. Sentencing guidelines which reduce this wide gap has become a necessity for India.

ROLE OF DOWRY AS INDICATORS OF SOCIAL CHANGE IN INDIA

By
Hrudhyaa Gayathri & Akshara Kannan

Abstract: One of the major Socio-Legal problems in India is the still prevailing practice of the ancient system of dowry practice. This practice has added to the vulnerable position of women in the country. Along with the demand for dowry during the time of marriage came greed to demand more. This greed resulted in various women being subject to violence which even led to their death. Many legal provisions were added and changed in order to safeguard women from the evils of society. Along with the legal changes, positive changes towards the eradication of this practice are yet to be seen. A practice once introduced to empower women is now used as a tool to weaken them. India is a diverse country which is filled with various traditional practices and culture, it is important to respect every individual’s opinion unless it affects the rights of another person. Lawmakers in India have kept in mind and respected the practices of various religions while criminalizing the demand for dowry. It is important to eradicate this practice from the country as it weakens the position of women. The 21st century is a time where every individual is respected and protected without any discrimination. In such a period it is important for the society to measure the worth of an individual by their values and knowledge and not determine them by the money that they bring in.

RETHINKING OF THE NEED OF CAPITAL PUNISHMENT IN INDIA

By
Aakash  Waghmode

Abstract: In the contemporary era, having enough legislations already right in place the problems of increasing crime is at an alarming rate, so to say because of the punishment for the Crimes does not have a reformative approach and hence aren’t sufficient. The punishment should be severed to reduce the existing crime rate. All punishments are primarily based on the same aim of giving a penalty to the offender and to protect the society from mischievous elements by Dissuading alleged criminals and preventing actual criminals from committing more crimes to eradicate evils and to reform criminals and turn them into law-abiding citizens. In India punishment is in the form of Capital Punishment, Imprisonment, Fine, etc. This paper defines Capital Punishment and goes on to study capital punishment in India, later discusses the Constitutionality of the Death Penalty in India, and the Criminological approach in India. The research paper discusses the Pardoning powers of the President in capital punishment cases and thereupon gives a brief, about the recommendations and the issues discussed by the commission about the methods of execution of Corporal Punishment and the differences in the judicial opinions amongst the judges of the Supreme Court. The researcher has also discussed the landmark Judgements of the country and then the prevailing laws of capital punishment in India along with their relevant sections. The research paper also shows the statistics about the mercy petition decided by India. The researcher also discusses the developments in the International Human Rights framework, the views about the abolitionist, and the Retentionist countries of the world about Capital Punishment and the country’s respective case laws. At last, the paper concludes by stating the evidence as to why Capital Punishment in India should not be abolished. 

OVERVIEW OF INDEMNITY AND GUARANTEE AND DIFFERENCE BETWEEN THEM

By
Anubhav Shukla

Abstract: The objective of creating a contract of indemnity is to protect the interest of the involved parties against unanticipated laws. The contract thus can be considered as an incentive to form a contract. The contract of indemnity comes under the special contracts list which is exclusively discussed in chapter -8 of the Indian Contracts Act, 1872. It is studied with the contract of guarantee. Contract of Indemnity has much real-life relevance. It is widely used and also is a topic in the contracts act that is extensively debated due to its several ambiguous points.

TRIPLE TALAQ AND A LIGHT ON ITS JUDGEMENT

By
Anubhav Shukla

Abstract: On 22 August 2017, the Supreme Court of India declared instant triple talaq[ talaq-e-biddat] unconstitutional in the monumental judgmental of ShayaraBano v. Union of India.The case has scrutinized the protected legitimacy of specific acts of Muslim individual law, for example, triple talaq, polygamy, nikahhalala, and some more.It has made political discussion across both urban and rustic classes in India and rested in the conflict of the strict and political components of the Uniform Civil Code. While All India Muslim Personal Law Board [AIMPLB] has blamed the secular authorities for interfering with the religious law. Talaq-e-bidat is pronounced by husband unilaterally by saying talaq thrice.The training ensures presumably that triple talaq disregards ladies’ entitlement to pick, the privilege to fairness and opportunity, including opportunity inside marriage. It gives fumes of patriarchy where women are considered as the property of men due to which several times their dignity and right of life come at stake. thus, triple talaq is unconstitutional and our articles present an analysis of the case given by 5 judges bench of Supreme Court. The prime question raised by us in this article is whether the practices like triple talaq are safeguarded under Article 25 [1] of the constitution which gives fundamental right to profess religion.  Secondly, whether the practice also violates human rights, the third problem is the violation of article 44 i.e. Uniform Civil Code as these laws are public law and hence UCC touches subjectivity in ShayaraBano v. Union of India and thus the practice puts a question on constitutionality.

SECTION 377 “A DIGNITY OF HOMOSEXUALIES’’

By
Shreya Pandey

Abstract: The sole aim of this article is to do the complete analysis of a dignity of homosexuals in India. The article completely tries to give the finishing touch to topics of homosexuality and its status in society their legal status and try to deal with the topic of homosexuals with the help of case laws, finally the article completely tries to study the case which changes life and give dignity to the status of homosexuals.

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