Law and Judiciary
[Abbr: Acd. Jr. AJLJ]Human Trafficking In Areas of Armed Conflict
by Toshali Pattnaik
Human Trafficking is a threat looming over humanity. It single-handedly defeats the impetus exerted on promotion of human rights and incites its perpetrators to challenge the criminal justice mechanism of the nation. In times of conflict, the traffickers exploit the trouble-torn circumstances to latently promote their venomous activities. Out of the various kinds of trafficking, sex trafficking is one of the most evidently egregious part of the problem. The vulnerability of women and girl child makes them easy targets and the anomic situation does not allow the law enforcement mechanisms to come to their rescue. In this paper, an attempt has been made to understand the plight of women and girl child in armed conflict situations by building a simplified definition of trafficking and pin pointing the factors that contribute to this evil. Key Words: Organized Crime, Armed Conflict, Enslavement, Forced Pregnancy, Areas of Transit, Traffickers, Male-dominated Society.
Feminism and Indian Constitution
by Prem Pratap Singh Chauhan, Tathagat Sharma
Feminism is a term which describes a political or cultural movement that has an objective to establish equivalent legal privileges and security for women. It includes many socio-cultural theories and philosophies that involve the issues of gender discrimination. Feminism is a movement of advocacy that enforces to eliminate gender discrimination from our society. According to some imminent feminist like Rebecca Welker and Maggie Humm, history about feminism which can be categorized into 3 waves. The era of nineteenth and early twentieth century is considered as first wave, and the duration of 1960s to 1970s as second wave. After 1990s to the present, it is last wave. There are various provisions in Indian Constitution that talks about equal rights for women and men. There are numerous cases where the rights of women were given much more preference over any others rights. Certain legal provisions for women have also been passed; the Factories Act, Child Marriage Restrain act, Dowry Prohibition Act, Maternity Benefit Act, Protection of woman from domestic violence Act, Equal Remuneration Act, National Commission for Women Act, Medical Termination of Pregnancy Act, Protection of females in contradiction of sexual harassment at workplace etc. in order to keep right of the women in society. Key Words: Feminism, Women Movements, Rights of Women, Impact, Indian society
Position of Child Witness under Indian Evidence Act, 1872 – An Analytical Study
by Caesar Roy
Witness, may be defined as someone who presents evidence, before any court of law. Section 118 of Indian Evidence Act, 1872 explains competency of witness. So according this section a kid of gentle age can be permitted to attest if he had rational capability to comprehend the queries and present logical explanations thereto. As per the law, no precise age has been fixed, in order to exempt them from presenting evidence before the court, on the grounds that they don’t possess the required understanding. The evidence presented by a child witness must be assessed more cautiously and with more alertness, this is because a child is vulnerable to be influenced by what others tell them and thus a child witness is an easy target to instructing. This article describes meaning and competency of witness under the Indian evidence Act. Competency of child witness and value of such child witness are analytically discussed in this article with decided case laws. Lastly some effective suggestions are put forward to make this provision more effective. Key Words: Child witnesses, Competency of witness, evidence, Voir dire, Corroboration
Aadhaar- The Basis of an Indian
by Yogesh Chalisa
From the origin in 2009, the Aadhaar project has been covered in argument because of the different questions are raised about the technological issues, privacy, welfare prohibiting, and security concerns. The project is ladled with serious lacunae and it lacks security of the personal identity information, openness in the working of the UIDAI, proper supervision, redress mechanisms and accountability. Legal framework is sketchy and not adequate. But on the other hand, succeeded in removing the bottlenecks from the government subsidy delivery chain, making of the passport, opening bank accounts, disbursing pensions, provident fund and thereby it saved a lot of money of the government. The World Bank is so impressed with the aadhaar that it recommended other countries to in the world to adopt it Countries like Bangladesh, Tanzania, Russia, Afghanistan, Morocco, Tunisia and Algeria have conveyed concern in the system. Government asserted Supreme Court, by linking Aadhar to PAN card for removing the fake PAN card which are used for terror backing, drug financing, and exchange of black money that is almost all the major problems country is facing today. Now it becomes so ambitious that it is now not considered less than messiah. The aadhaar project has been depicted not only as a new face of development that technology could bring about but also as an identity technology that will open us all up to discrimination, prejudice, the risk of identity theft any subject the entire population of the country under continuous surveillance. There are reports claiming that the aadhar is saving over 1 billion dollar of the government. There are also reports that nearly 135 aadhaar numbers and some personal information has been disclosed. Therefore this project has both positive as well as negative aspect. This paper is intended to examine both these aspects and to reach at the conclusion with a suggestion how these problems can be solved. Key Words: Aadhaar- The Basis of an Indian
Goods and Service Tax- One nation One Tax
by siddharth dhawan
This research paper is based upon the recently passed law by the parliament labeled as Goods and Service tax Act. It deals with the origin, meaning, working and influence of the Goods and Service Tax upon the Indian Economy. Introduction to this Research paper emphasis on the meaning of the Goods and Service Tax and the nations who opted for the same. There after it shows that how the Goods and Service Tax replaced the existing indirect system of our country. Timeline of the Goods and Service Tax is also an essence of this paper, which is followed by the constitutionality of this Act. Later it shows the main features of the 122ndAmendment Bill 2014. After the introduction, comes the working of this Goods and Service Tax bill which is explained with the help of 2 Examples. Impact of this Goods and Service Tax act has been focused upon 2 areas I.e. impact upon the economy and the impact upon the second-hand goods industry. Lastly the Benefits of the Act for the Consumer, Businessmen, and government had been highlighted. Few questions were asked to the general public through the questionnaire as a part of this research paper with admiration to the Goods and Service Tax, and the result of the same has been mentioned in the paper. Key Words: Goods and Service Tax. Second Hand Industry, Slab rates, Impact, Public View, 101 Amendment.