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MARITAL RAPE: A PERFECT LICENSE TO RAPE? BY - MALAY PANDEY
Open Access

MARITAL RAPE: A PERFECT LICENSE TO RAPE? BY - MALAY PANDEY

Authors: MALAY PANDEY
Registration ID: 102319 | Published Paper ID: 2319
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 14

Doi Link : https://www.doi-ds.org/doilink/02.2024-82338664/MARITAL RAPE: A PERFECT LICENSE TO RAPE?

[1] Quote by FH BATACAN  https://www.goodreads.com/quotes/7975878-her-friends-used-to-tell-her-it-wasn-t-rape-if Accessed Dated November 08, 2023 [2] CRIMINAL APPEAL NOS. 607-608 OF 2017 [3] [375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:— (First) — Against her will. (Secondly) —Without her consent. (Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. (Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married. (Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. (Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. (Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.] [4] In Britain, A Move to Make Marital Rape a Crime, New York Times Accessed Dated: November 09, 2023https://www.nytimes.com/1990/12/28/news/in-britain-a-move-to-make-marital-rape-a-crime.html [5] Night After Night The Torture Grew, A Survivor Speaks Up, DAILY OPINION, Accessed November 11, 2023 [6] The Effects of Marital Rape on a Woman’s Mental Health, Themis: Research Journal of Justice Studies and Forensic Science, Volume II Issue II, 2023 https://scholarworks.sjsu.edu/themis/ Accessed Dated November 11, 2023 [7] 253. Legislation for giving effect to international agreements Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. [8] A Guide To Marital Rape, Noble Solicitors, https://www.noblesolicitors.co.uk/about/a-guide-to-marital-rape.html#:~:text=The%20case%20of%20R%20vs%20R%20(1991)&text=The%20Lord%20Justice%2DGeneral%2C%20Lord,sexual%20intercourse%20in%20all%20circumstances.%22 Accessed Dated February 24, 2024 [9] https://supremetoday.ai/issue/1000-culprits-can-escape-but-one-innocent-should-not-be-shall-punished#:~:text=By%20prioritizing%20the%20protection%20of,guilty%20do%20not%20evade%20punishment. Accessed Dated February 24, 2024
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE: LEGAL RESPONSES TO A GLOBAL CRISIS BY – J. GUNA SAI VENKAT
Open Access

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE: LEGAL RESPONSES TO A GLOBAL CRISIS BY – J. GUNA SAI VENKAT

Authors: J. GUNA SAI VENKAT
Registration ID: 102318 | Published Paper ID: 2318
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 24

Doi Link : https://www.doi-ds.org/doilink/02.2024-58286342/CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE: LEGAL RE

[1] Intergovernmental Panel on Climate Change (IPCC), "Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty," 2018. [2] National Aeronautics and Space Administration (NASA), "The Effects of Climate Change," [NASA], accessed [23-02-2024]. [3] Robert D. Bullard, "Environmental Justice in the 21st Century: Race Still Matters," Phylon (1960-), vol. 49, no. 3/4, 2007, pp. 151-171. [4] United Nations Environment Programme (UNEP), "Climate Change and Poverty: An Analytical Framework," 2019. [5] American Public Health Association (APHA), "Disparities in Distribution of Particulate Matter Emission Sources by Race and Poverty Status," American Journal of Public Health, April 2018. [6] Mona Hanna-Attisha, et al., "Elevated Blood Lead Levels in Children Associated With the Flint Drinking Water Crisis: A Spatial Analysis of Risk and Public Health Response," American Journal of Public Health, February 2016. [7] Zoltán Grossman, "Unist'ot'en Camp and Standing Rock: The Evolution of Indigenous Resistance," in "Energy, Governance and Security in Thailand and Myanmar (Burma): A Critical Approach to Environmental Politics in the South," 2017. [8] United Nations High Commissioner for Refugees (UNHCR), "Climate Change and Displacement," 2020. [9] United Nations, "United Nations Framework Convention on Climate Change," 1992. [10] United Nations, "Kyoto Protocol to the United Nations Framework Convention on Climate Change," 1997. [11] United Nations, "Paris Agreement," 2015. [12] European Commission, "The European Green Deal," 2019. [13] Republic of Kenya, "Climate Change Act," 2016. [14] Urgenda Foundation v. The State of the Netherlands, Hague District Court, 2015. [15] Christopher D. Stone, "Should Trees Have Standing? – Toward Legal Rights for Natural Objects," Southern California Law Review, 1972; New Zealand's Te Awa Tupua (Whanganui River Claims Settlement) Act, 2017. [16] Climate Bonds Initiative, "Green Bonds: The State of the Market 2019," 2020.   [17] Costa Rican Ministry of Environment and Energy, "National Decarbonization Plan," 2019. [18] Global Environment Facility, "Payments for Ecosystem Services in Costa Rica," 2020. [19] United Nations Development Programme, "Costa Rica: A Pioneer in Biodiversity Conservation," 2018.   [20] "Leveraging Satellite Imagery for Environmental Monitoring," Journal of Environmental Management, 2020. [21] "Blockchain for Environmental Governance: An Emerging Research Agenda," Environmental Science & Policy, 2021. [22] "Big Data for Environmental Justice: Challenges and Opportunities," Environmental Research Letters, 2019. [23] U.S. Environmental Protection Agency, "EJScreen: Environmental Justice Screening and Mapping Tool," [USEPA], accessed [23-02-2024]. [24] "Privacy Concerns in Environmental Monitoring Technologies," Environmental Law Review, 2022. [25] Klein, Naomi. "This Changes Everything: Capitalism vs. The Climate." Simon & Schuster, 2014. [26] "Evaluating the Economic Responses to Climate Change," Journal of Environmental Economics, 2015. [27] "Grassroots Movements and Environmental Justice: A Socio-Legal Perspective," Law and Society Review, 2016. [28] Juliana v. United States, Complaint for Declaratory and Injunctive Relief, 2015. [29] "The Constitutional Dimensions of Climate Change Litigation," Journal of Environmental Law, 2016. [30] Juliana v. United States, 947 F.3d 1159 (9th Cir. 2020). [31] "Youth Climate Litigation and the Global Rise of Environmental Justice," Global Environmental Change, 2021.
EVERGREENING PATENT ON LIFE SAVING MEDICINES-A CRITICAL STUDY WITH REFERENCE TO DEVELOPING COUNTRIES BY - BHUVANESHWARI R,  LIONEL STEPHEN A & KEERTHIKA R
Open Access

EVERGREENING PATENT ON LIFE SAVING MEDICINES-A CRITICAL STUDY WITH REFERENCE TO DEVELOPING COUNTRIES BY - BHUVANESHWARI R, LIONEL STEPHEN A & KEERTHIKA R

Authors: BHUVANESHWARI R,  LIONEL STEPHEN A & KEERTHIKA R
Registration ID: 102314 | Published Paper ID: 2314, 2315 & 2316
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 25

Doi Link : https://www.doi-ds.org/doilink/02.2024-19426972/EVERGREENING PATENT ON LIFE SAVING MEDICINES-A CRI

[1] WORLD INTELLECTUAL PROPERTY ORGANIZATION, https://www.wipo.int (last visited Sept. 20, 2023) [2] WORLDDATA.INFO, https://www.worlddata.info (last visited Sept.20, 2023) [3] 17 KRISHNA IYER, V.R., “HUMAN HEALTH AND PATENT LAW” 14-27 (Frontline 2000). [4] SUBBARAM.N, “WHAT EVERYONE KNOW ABOUT PATENTS” (Pharma Book Syndicate 2003) [5] PUSKAR RAJ, GLOBALIZATION AND HUMAN RIGHTS (PUCL Bulletin 2002) [6] G.B.REDDY, INTELLECTUAL PROPERTY RIGHTS AND THE LAW 193(2017) [7] K.UMA DEVI, THE LAW OF INTELLECTUAL PROPERTY RIGHTS: VARIOUS DIMENSIONS  122(Regal Publications 2013) [8]Novartis AG vs. Union of India, (2013) 6 SCC 1 [9] K.UMA DEVI, THE LAW OF INTELLECTUAL PROPERTY RIGHTS: VARIOUS DIMENSIONS  131(Regal Publications 2013) [10] UNICEF, https://unicef.org(last visited on Sept. 20, 2023) [11]Bayer Corporation v. Natco Pharma Ltd., Order No. 45/2013 (Intellectual Property Appellate Board, Chennai), available at http://www.ipab.tn.nic.in/045-2013.html (Last visited on Sept. 20, 2023) [12] ANKITA SHARMA,INVEST INDIA, JULY 31,2020, https://www.investindia.gov.in/siru/india-pharmacy-world
CRITICAL ANALYSIS OF THE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS AND ITS POTENCY IN INDIA BY - NIHAD SHARIEF
Open Access

CRITICAL ANALYSIS OF THE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS AND ITS POTENCY IN INDIA BY - NIHAD SHARIEF

Authors: NIHAD SHARIEF
Registration ID: 102313 | Published Paper ID: 2313
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 17

Doi Link : https://www.doi-ds.org/doilink/02.2024-29658745/CRITICAL ANALYSIS OF THE ENVIRONMENTAL IMPACT ASSE

[1]. Richard K. Morgan, Taylor & Francis Online, Vol. 30 Issue 1, available at: https://www.tandfonline.com/doi/full/10.1080/14615517.2012.661557 . [2]. Ericson, CABI Journal, available at:https://www.cabdirect.org/cabdirect/abstract/19951904392 . [3]. Kumar, D., Environmental Impact Assessment in India: An Appraisal, Journal of Environmental Law, Volume 10, Issue 1. [4]. Ibid 4. [5]. Parikh, J., and Parikh, K., Environmental Impact Assessment in India: A Critical Review, Economic and Political Weekly, Volume 27, No. 28, July 11, 1992. [6]. Ibid 5. [7]. Vellore Citizens Welfare Forum vs. Union of India,1996 AIR 2715. [8]. Rural Litigation and Entitlement Kendra vs. State of U.P., 1989 AIR 594. [9]. T.N. Godavarman Thirumulkpad vs. Union of India, (1997) 2 SCC 267. [10]. Sterlite Industries (India) Limited vs. Union of India, CIVIL APPEAL Nos.  2776-2783  OF 2013. [11]. Lafarge Umiam Mining Pvt. Ltd. vs. Union of India, (judgment reserved). [12]. Subhash Datta vs. State of West Bengal, Original Application No. 171/2016/EZ.
STATUS OF THE SEX WORKERS / PROSTITUTES IN INDIA AND THEIR LEGAL RECOGNITION BY - JIGYASA KUMAR & ANUSHKA SRIVASTAVA
Open Access

STATUS OF THE SEX WORKERS / PROSTITUTES IN INDIA AND THEIR LEGAL RECOGNITION BY - JIGYASA KUMAR & ANUSHKA SRIVASTAVA

Authors: JIGYASA KUMAR & ANUSHKA SRIVASTAVA 
Registration ID: 102310 | Published Paper ID: 2310 & 2311
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 20

Doi Link : https://www.doi-ds.org/doilink/02.2024-39681414/STATUS OF THE SEX WORKERS / PROSTITUTES IN INDIA A

[1] https://blog.ipleaders.in/legal-aspects-related-to-prostitution-in-india [2] https://www.speakingtree.in/allslides/prostitution-a-brief-history/child-prostitution-in-india [3] https://www.britannica.com/topic/prostitution [4] https://blog.ipleaders.in/legal-aspects-related-to-prostitution-in-india/#How_legalising_prostitution_will_help_sex_workers_and_society [5] https://www.legalservicesindia.com/article/2460/Legalization-of-Prostitution-in-India [6] R v. Hicklin, [1868] 3 QB 360, 371; [7] https://www.indialegallive.com/laws-research-indepth/prostitution-should-it-be-legalized-in-india/ [8]  The Indian Penal Code, 1860. 366, No. 45, Acts of Parliament, 1860 (India). [9] Fateh Chand v. State of Haryana, (1977) 2 SCC 670 [10] Immoral Traffic (Prevention) Act, 1986, Section 7 [11] Immoral Traffic (Prevention) Act, 1986, Section 8 [12] NHRC-UNIFEM-ISS Project, A Report on Trafficking in Women and Children in India 2002-2003, Volume 1, 248. [13] Mellisa Farely, „BAD FOR THE BODY, BAD FOR THE HEART”; Prostitution Harms Women even if legalized or discriminalized, 10(10) VOILENECE AGAINST WOMEN 1087, 1090(2004).   [14] Article 21, The Constitution of India, 1950. [15] Nurjamman Lokman Lashkar vs The State of Maharashtra, CRIMINAL WRIT PETITION NO.4781 OF 2018. [16] “Home for the girls or Jail?” from Dr. R.S. Sodi to the Editor of the INDIAN EXPRESS, Apr. 6, 1981. [17] Rajagopal, K. (2022, May 26). Supreme Court recognises sex work as a ‘profession.’ The Hindu. Retrieved September 7, 2023, from https://www.thehindu.com/news/national/supreme-court-recognises-sex-work-as-a-profession/article65461331.ece [18] Sahyog Mahila Mandal v. State of Gujarat, (2004) 2 GLR 1764 (India) [19] https://www.legalservicesindia.com/article/2460/Legalization-of-Prostitution-in-India [20] National Commission for Women has suggested that sex workers in red-light areas should be included in the voter’s list as a proposal to amend the Immoral Traffic (Prevention) Act, 1956 [21] India Sex Workers get life cover, BBC News, May 1, 2008
INDEPENDENCE OF JUDICIARY IN INDIA BY - SGP JAYASHREE
Open Access

INDEPENDENCE OF JUDICIARY IN INDIA BY - SGP JAYASHREE

Authors: SGP JAYASHREE
Registration ID: 102309 | Published Paper ID: 2309
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 15

Doi Link : https://www.doi-ds.org/doilink/02.2024-87556563/INDEPENDENCE OF JUDICIARY IN INDIA

[1] Kesavananda Bharti vs State of kerala AIR 1973 SC 1461 [2]  Art 10 of Universal Declaration of Human Rights states that everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in determination of his rights and obligations and of any criminal charge against him. Whereas Art 14 of the International Convention on Civil and Political Rights 1966, states that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. [3] Art 124(2) of the Indian Constitution [4] Art 217(1) of the Indian constitution. [5] Art 125 of the Indian constitution [6] Art 124(3) of the Indian constitution [7] Sandra E Oxner “Judicial education for judicial reforms”, 1 Journal of National Judicial Academy Bhopal 213 (2005) [8] Poonam Kataria “Judicial Independence in India”An Overview [9] R.C. Lahoti, Canons of Judicial Ethics 13 (Universal Law Publishing Co.1st edn., (2005). [10]  Livingston Armytage, “Judges as Learners: Reflections on Principle and Practice” 1 Journal of National Judicial Academy Bhopal 120 (2005). [11] Sabita Bandyopadyay, “Reforms in Judiciary-A Loud Thinking,” Journal of All India Reporter 23 (2000).
CONSTRAINTS FACED BY WOMEN MIGRANT WORKERS BY - BELSIYA M
Open Access

CONSTRAINTS FACED BY WOMEN MIGRANT WORKERS BY - BELSIYA M

Authors: BELSIYA M
Registration ID: 102308 | Published Paper ID: 2308
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 17

Doi Link : https://www.doi-ds.org/doilink/02.2024-41812917/CONSTRAINTS FACED BY WOMEN MIGRANT WORKERS

[1] Usher E. Migration labour and Essentials of migration management: a guide for policy makers and practitioners, 67-80 (Geneva: United Nations Publications, 2004). [2]ILO, estimation of women migrant workers, 90-122 (The ILO publications, volume ix) [3] Women and migration :vulnerability in the face of abuse and discrimination, https://interactive.unwomen.org last visited on Feb 7, 2024. [4] L. Foley and N. Piper, COVID-19 and women migrant workers: Impacts and implications, 1509-175 (IOM, Geneva, 2022). [5] Sengupta, A, Migration, Poverty and Vulnerability in the Informal Labour Market in India, 4 TBDS, 99, 110- 116 (2013). [6] Bhagat, R.B., R.S. Reshmi, Harihar Sahoo, Archana K Roy, and Dipti Govil, The COVID-19, Migration, and Livelihood in India, 99-106 (International Institute of Population studies,  Mumbai). [7] International Labour Organization, COVID-19 and the World of Work, 145-180 (ILO Monitor 2nd Edition,2020). [8] https://www.un.org last visited on Feb 10,2024. [9] Boniol et, women’s roles as front-line health-care workers and as caregivers, they were more likely to be infected 78-90(Davies and Bennett, 2016). [10] Bansal, Rajesh, “India Has Social Schemes for Poor in Crises like COVID, 97-124 (International science studies, Mexico). [11] www.migrantdataportal.org last visited on Feb 11,2024. [12] L. Foley and N. Piper, COVID-19 and women migrant workers: Impacts and implications, 145-160 (IOM, Geneva). [13] BIPIN CHANDRA &ORS, India's Struggle for Independence 1857-1947, 335 (8th. Ed. Penguin Book House, New Delhi) [14] Sengupta, A, Migration, Poverty and Vulnerability in the Informal Labour Market in India,110- 116 (TBMS publications, Mumbai). [15] The Disaster Management Act, No.53 of 2005, INDIA CODE (2008), Vol. 12 [16] The Essential Commodities Act, No. 10 of 1955, INDIA CODE (1988), Vol. 27 [17] Sunanda Sen, Rethinking Migration and the Informal Indian Economy in the Time of a Pandemic, THE WIRE, (1 october 22, 8:14 P.M), https://thewire.in/economy/rethinking-migration-and-the-informal-indianeconomy-in-the-time-of-a-pandemic [18] INDIA CONST. art 14 [19] State of Orissa v. Balaram Sahu, AIR 2008 SC 5165 [20] Kharak Singh v. State of Uttar Pradesh (1963) AIR 1295, 1964 SCR (1) 332 (India) [21] Bhagat, R.B., R.S. Reshmi, Harihar Sahoo, Archana K Roy, and Dip tiGovil. 2020. The COVID-19, Migration, and Livelihood in India. Mumbai: International Institute of Population studies.
LAW AS AN INSTRUMENT TO PREVENT CLINICAL MALPRACTICE AND MEDICAL NEGLGENCE BY - S. FATHIMA FAMEETHA
Open Access

LAW AS AN INSTRUMENT TO PREVENT CLINICAL MALPRACTICE AND MEDICAL NEGLGENCE BY - S. FATHIMA FAMEETHA

Authors: S. FATHIMA FAMEETHA
Registration ID: 102307 | Published Paper ID: 2307
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 23

Doi Link : https://www.doi-ds.org/doilink/02.2024-45222218/LAW AS AN INSTRUMENT TO PREVENT CLINICAL MALPRACTI

[1]An Article written by Dr.Y.M.Fazil Maricker, principal of Mount Zion Medical college, Thiruvananthapuram,India available at http:/www.indus.org/law regarding medical practice.  [2]Health laws and health care systems, Dr.S.Porkodi and Dr.Ansarul Haque,p.15, (2011) [3]Hunter Vs.Hanley, 1955 SC 200 (scotland) [4]Medical negligence in India, Shwetha Thakur and Vikram Singh Jaswal, p.3, (2013) [5]Medical problems and the law, Kent Lowis Brown, p.211 [6]Hospitals and Law, Brig.M.A.George, p.13(2013) [7](2006) CPJ 142 NC. [8] legal principle for a ‘thing speak for itself’ [9](1996) 2 SCC 634. [10] (1995) 6 SCC 651.  [11] (2005) 6 SCC 1 [12] (1957) 1 WLR 582, 586.  [13]Mental element of a person’s intention to commit a crime.- an element of crime. [14] “The things speak for itself”- the principle that the mere occurrence of some types of accident is sufficient to imply negligence. [15] (1957) 1 WLR 582, 586.  [16] (1988) 18 Con LR 1, 79.  [17] (2009) 3 SCC 1.  [18] (1996) 2 SCC 634. [19]The rule of law on which the judicial decision is based on. The phrase means, “the reason”.