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Welcome to Kashmir Journal of Legal Studies Official Website, A Peer Reviewed & Referred Journal, UGC-CARE Listed journal

Volume: X 1 2023

Comprehending Corporate Criminal Liability through the Evolution of Liability Paradigm

Author(s) : Dr Deborisha Dutta

The concept of attributing criminal liability to individuals has been always feasible but the challenge arose when collectivities had to be held criminally liable for their behaviour. The researcher believes that a comprehensive understanding of the criminal accountability of entities entails succinct scrutiny of the subject matter over time. The paper would focus on the concept of liability and its various theories and characteristics in order to establish the importance of corporate criminal liability. The paper would also try to analyze what can be the correct liability approach that would endorse social justice by holding the corporate bodies guilty. The researcher in this context would try to establish the importance of vicarious liability and the doctrine of identification along with other newly evolved doctrines. The concept of knowledge and intent forms an integral part of the paper. The question that remains constant is that which liability model should be relied on to establish a uniform approach while deciding cases on corporate crime.

KeyWords : Exclusion of Time, corporate, criminal, intent, knowledge, liability

Role of the Constitutional Courts in Constitutionalising the Fundamental Canons of Environmental Protection: An Indian Perspective

Author(s) : Mir Mubashir Altaf, Dr Shahnaz

Over the years, concerns related to environmental degradation have engaged the attention of policymakers, legislators, and the judicial branch. World over there has been a multipronged approach to combat the menace of environmental degradation. The policymakers have come up with path-breaking initiatives, legislators have enacted laws to buttress the extant legal regime on environmental protection whereas the judiciary has interpreted the laws in a manner so as to afford greater protection to the ecosystem much beyond the textualist import of the legislations. In this paper, an attempt has been made to analyze the role of the Constitutional Courts in constitutionalizing the fundamental canons of environmental protection by laying out a rights-based framework through its purposive interpretation of Article 21 of the Constitution. This paper also aims to analyse the role of the constitutional courts in relying upon religious tenets to not only bolster the cause of environmental protection but also obviate steps countenanced on taking the religion as a ground for perpetuating practices inimical to the protection of the environment.

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The Socially Excluded Third Gender: A Legal Perspective

Author(s) : Dr Hema Gandotra

On the streets of Indian villages one sometimes comes across an unusual sight of a group of closely shaven persons in female attire, singing and dancing, making overtures to the onlookers, cracking sexually charged jokes at men and making loud clapping sounds with their hands. To people these individuals may look very interesting and outlandish freaks of nature. Not because they sing and dance but because of their ambivalent physical appearance. They shave, smoke and talk like men but dress and behave in a more feminine way. On seeing them, one question which would immediately strike relates to who are these people, male or female? And if they are neither males nor females, then what? In the Indian society these peoples are popularly referred to as ‘Hijras’, ‘Khusras’, ‘Asexuals’, ‘Neutrals’, ‘Eunuchs’, etc. All the terms included in the nomenclature are used to describe the identity of these people who have one thing in common and perhaps the most decisive one that there is something wrong with their sexual organs. So one can say that, for years we have looked at Hijras, but never seen or understood them.

KeyWords : Third Gender, Hijras, identity, stigma, Neutrals, Eunuchs etc.

Role of the Constitution of India in Achieving Social Justice

Author(s) : Dr Chandra Sen Pratap Singh

Justice is the highest goal to be achieved by a society. Social justice is an essential concept for a welfare state. Constitution is an effective tool for attaining social justice. Social justice refers to equal treatment of all citizens without any social distinction. A great challenge before the founders of the Constitution of India was to deal with the social inequality, hierarchical structure and graded system by bridging the gap between higher and lower & men and women. The Constitution of India is an attempt to give a complete and real picture of equality as means of ensuring Justice to all. With a view to ensure equalitarian Justice as an effective instrument of social Justice, the Constitution of India incorporates various provisions that do not discriminate on the basis of religion, race, caste, sex, place of birth. The Supreme Court has acted as a balance wheel of the society while giving effect to social justice. Judiciary has revolutionised the concept of socio-gender justice through new interpretation. To achieve social justice, the Constitution of India needs to be implemented in its letter and spirit. This paper highlights the effective role of the Constitution of India and Indian Judiciary in achieving social justice.

KeyWords : Justice, Social Justice, Constitution of India, Discrimination, Judiciary, Supreme Court, Equalitarian Justice

Legal Recognition and Social Perspective of Live-in Relationship in India: An Appraisal

Author(s) : Khalida Mannan

Live-in-relationship in India is not illegal anymore. Plethora of Judicial verdicts and provision of Protection of Women from Domestic Violence Act, 2005 being the sole legislation on this subject, discussed in this article confirm the same. Despite that live in relationship is still proscribed in India. In this article an effort has been made to throw light upon the causes of society’s intolerance towards the concept of live in relationship. Fast paced and ambitious life style in metropolitan cities, negligent amount of legal complexities, absence of family responsibilities, easy walk-in walk-out etc. can well be attributed towards the sudden rise in popularity of the live-in relationship. As a result live-in is turning out to be a potent threat to the institution of marriage. Time and again our society has expressed its disapproval for live in relationship on the ground of religion, morality, ethics, traditions etc, . “Popular morality” appears to be the reason behind the society’s disapproval, though “constitutional morality” speaks differently.

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