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Nyaay Shastra deposited Validity of Test Identification Parade as an Admissible Piece of Evidence on Humanities Commons 4 years, 8 months ago
This paper puts its focus on the admissibility criteria of evidence that is obtained through the conduct of test identification parade, which is then followed by several landmark case laws that deal either with evidence that is obtained through video or audio form, through the conduct of test identification parade. The importance of holding the…[Read more]
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Nyaay Shastra deposited Can Death Penalty Be Ever Justified? on Humanities Commons 4 years, 8 months ago
It seems that public opinion on the death penalty does not deter crime, but more importantly, it falls disproportionately on people of color and the poor and it is too often erroneously handed down and is irreversible its impact. The most common argument against capital punishment is that sooner or later, innocent people may get killed, because of…[Read more]
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Nyaay Shastra deposited Aspect of Federalism in the Legislative Branch of the Government on Humanities Commons 4 years, 8 months ago
The type of federalism followed in India is one of its kind and can be said to be quasi-federal in nature. This means that the government is not completely federal or unitary but more of a blend of the two.
The government follows the principle of “Separation of power”. In a federal government, two tiers are governing the country, and they wou…[Read more] -
Nyaay Shastra deposited Transgenders In India: Are They Still Fighting For Their Rights? on Humanities Commons 4 years, 8 months ago
The idea of transgender isn’t unaccustomed to the voters of India, in reality, this community has an extended history in the Indian context in sacred text transgender’s area unit noted as ‘tritiyapakriti’ which means third gender. in step with Ramayana Lord Rama gave the powers to transgenders to confer blessings on folks on occasions like wed…[Read more]
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Nyaay Shastra deposited Economic Sanctions: Are They Worth It? on Humanities Commons 4 years, 8 months ago
Economic sanctions are widely been used as a tool today to alter the behavior of the target country to meet the imposing country’s own foreign policy ambitions. However more often these tools turn out to be nothing more than the assertions of the imposing country hurting itself more than the target country. The global, sweeping, and aggressive e…[Read more]
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Nyaay Shastra deposited COMBAT BETWEEN LAW AND SUPERSTITION on Humanities Commons 4 years, 8 months ago
Every person has a faith and belief that leads to superstition. Sometimes practices carried on from ancient times are believed to be superstitious. They carry a certain scientific reason behind them. The paper points out how legal science which from the age of Enlightenment has been flourished as a torch against superstition and illogical…[Read more]
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Nyaay Shastra deposited ROLE OF MEDIA IN PROTECTION OF CHILD RIGHTS IN INDIA- A SOCIO-LEGAL PERSPECTIVE on Humanities Commons 4 years, 8 months ago
Children are one of the most vulnerable categories in the Indian society. Recognising this vulnerability, our constitution has, introduced various provisions for promoting welfare of child. So, it becomes responsibility of every stakeholder of this democratic system to contribute to the protection of children. Media, being such a stakeholder,…[Read more]
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Nyaay Shastra deposited Use of Force Doctrine: How the League of Nations Forged The Modern Interpretation of Use of Force? on Humanities Commons 4 years, 8 months ago
The objectives include:
1. To drive home the need for today’s networked organizations to support the notion that the professional practice of computer forensics and knowledge of relevant laws is essential.
2. To help stakeholders consider how technology forensics blends into overall corporate computer security as a strategic feature.
3.…[Read more]
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Nyaay Shastra deposited ADULTERY: THE GENDER NEUTRALITY PARADOX on Humanities Commons 4 years, 8 months ago
Adultery is an invasion of the right of the husband over his wife, an extramarital affair. It is an offence against the husband. In other words, it is an invasion of the sanctity of the matrimonial home and an offence committed by a man. The sexual intercourse between a married woman and a man with or without the consent of the woman is termed…[Read more]
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Nyaay Shastra deposited Marital Rape : An Unrecognised Offence on Humanities Commons 4 years, 8 months ago
Spousal rape also known as marital is the most common adverse form of domestic violence. Rape is codified under section 375[1] of the Indian Penal Code and is defined with the help of six descriptions. The offense of rape is said to be committed when a man has sexual intercourse with a woman without her consent or if she is a minor. Section 375…[Read more]
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Nyaay Shastra deposited VIOLATION OF CHILD RIGHTS IN INDIA on Humanities Commons 4 years, 8 months ago
Children will be the custodians of freedom, rule of law, justice, liberty, equality, fraternity, and, finally, international peace and stability in the future. They have the power to embody our values, dreams, desires, and expectations for the future. They are the future shoulders represented by great thinkers, rulers, scientists, leaders, capable…[Read more]
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Nyaay Shastra deposited DREAMING A CIVIL CODE: ENVISIONING THE POSSIBILITIES AND FUTILITIES OF UNIFORM FAMILY LAW on Humanities Commons 4 years, 8 months ago
The talk of a ‘uniform civil code’ has been part of Indian legal discourse for decades, with no solution to the various contradictions that exist in personal laws and family law at large. It is imperative to understand the historical context of why such a code is not necessarily uniform in nature but functions as a homogenizing tool that may ups…[Read more]
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Nyaay Shastra deposited A STUDY ON WHY IS INDIA INCAPABLE OF PROVIDING THE LIVING WAGE TO ITS CITIZENS? on Humanities Commons 4 years, 8 months ago
India being the largest democracy in the world with 2nd highest populated countries in the world which includes 28 states and 8 union territories. The constitution of India provides for equal and fair wage for workers employed. So, to find out the fair wage for every employee, a committee was formed and on its recommendation, Minimum Wage Act,…[Read more]
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Nyaay Shastra deposited OVERVIEW OF EIGHTH SCHEDULE OF THE CONSTITUTION OF INDIA: ANALYZING THE NEED FOR ADDITION OF NEW LANGUAGE IN EIGHTH SCHEDULE OF THE CONSTITUTION OF INDIA on Humanities Commons 4 years, 8 months ago
This paper is an endeavor to critically analyze the Eighth Schedule of the Constitution which gives recognizes few of the major languages spoken in country. In the process of doing the same the author strives towards determining the scope of the Eighth Schedule of the Constitution and the various implications on the languages that are enlisted in…[Read more]
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Nyaay Shastra deposited JUSTICE DELAYED IS JUSTICE DENIED: STATUS OF INDIAN JUDICIAL SYSTEM on Humanities Commons 4 years, 8 months ago
The structure, mechanism and efficiency of a democratic nation are assessed by the efficiency of system of dispensation of justice. Indian judiciary has become slow and empathetic towards its citizens. Inadequate process of appointments of judges, time consuming proceedings of courts, corruption among staffs of courts resulted into the…[Read more]
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Nyaay Shastra deposited IMPORTANCE OF PARALLEL IMPORTATION OF PATENTED MEDICINES DUE TO ONGOING COVID-19 CRISIS on Humanities Commons 4 years, 8 months ago
The second wave of Covid-191 has brought about havoc in the healthcare system. The shortage of medicines such as Remdesivir2 has resulted in the denial of proper medical treatment to numerous patients. Medicines are patented due to the intellectual efforts, research, and labor of the R&D department of a company. However, in the current public…[Read more]
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Nyaay Shastra deposited PROTECTION OF CHILD RIGHTS: JUDICIAL ACTIVISM INDIA on Humanities Commons 4 years, 8 months ago
Child is entitled to special care and assistance due to their dependency and immaturity. As human being, children have the basic human rights including social, economic and cultural rights. All over the world efforts are taken to protect these rights of children. Effect of Child abuse and exploitation on child are serious and stunted the potential…[Read more]
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Nyaay Shastra deposited NATIONAL JUDICIAL APPOINTMENTS COMMISSION, THE NEED TO REVISIT IT on Humanities Commons 4 years, 8 months ago
The basic structure of our constitution is democratic and even the parliament is not authorised toamend such democratic authority. In a democratic process, no authority can exist, not being answerable to anybody. Hence it has no right to enjoy unaccountable and unbridled powers. The political authority is answerable to the people through…[Read more]
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Nyaay Shastra deposited J.S. MILL’S ON LIBERTY AND GAMBLING on Humanities Commons 4 years, 8 months ago
John Stuart Mill’s book On Liberty is considered to be an important piece of work to defend free speech and individuality. Mill argues that the individuality of members promotes the use of their mental faculties which not only promotes the good of the individual but also the society. According to him, he tries to defend ‘one very simple pri…[Read more]
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Nyaay Shastra deposited Administrative Trajectory of Deportation of Foreigners in India – Where Does the Discretion End? on Humanities Commons 4 years, 8 months ago
‘Administrative Trajectory of Deportation of Foreigners in India- Where does the Discretion end?’ allows the reader to delve into the administrative practice of deportation of foreigners in India. The article focuses on discretion practiced by both, the administrative authority and courts, in deciding the fate of foreigners in the Sovereign cou…[Read more]
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