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Author(s) : Dr. Bindu Sangra
Abstract According to the Indian Constitution, justice is the cornerstone of governance and represents the country’s socioeconomic, political, and legal goals. Justice is frequently viewed as the unwavering desire to give everyone what they are entitled to. From a legal jurisprudential perspective, it is possibly very elusive in this regard. However, the constant desire to achieve the ideal of a just world and, more significantly, the conflicting demands for justice made by various groups of people who share the same legal, political, social, and territorial space make the discussion of justice especially social, economic, and political justice to be highly stimulating. Although a lot has been written and discussed about justice, it may not have been from the standpoint of temporal justice because India is thought to be a stable political-legal culture in many ways. A strong commitment to justice as a guiding concept of governance is reflected in the Indian Constitution. This ideology has been broadened and interpreted by court rulings and is embodied in a number of constitutional clauses. The Indian Constitution has a complex definition of justice that includes social, political, and economic aspects. This study explores the judicial interpretations and constitutional framework that influence India's conception of justice. KeyWords : Key words: Constitution, Economic justice, Political justice, social justiceView Full Paper
Author(s) : Dr. Rohit Moonka & Dr. Silky Mukherjee
Abstract Constitutional Courts in India are entrusted with the task under the Constitution to interpret the law and also to interpret the law on the touchstone of the Constitution. While it is important for the Constitutional courts to perform its tasks effectively, it is equally important that the decorum and public image of the courts should also be protected and maintained. The control of the constitutional courts to penalize for the contempt is an indispensable deterrent in the hands of higher judiciary to avert intrusion with the institution of justice. The power of Contempt of court ensures that the authority of the Courts are respected and maintained. On the other hand, under the constitution, freedom of speech has been accorded as a fundamental right of the citizens. However, this freedom as provided under Article 19(1)(a) of the Constitution is subject to reasonable restrictions under Article 19(2) as contempt of court is one of the ground for reasonable restriction.This paper analyses the recent judicial trends of the Constitutional Courts in India to punish for contempt which has on several occasions conflicted with the freedom of speech and expression of individuals. It also takes into account the changing contour of contempt of court laws in United Kingdom and suggests the way out as to how the inconsistency is to be resolved so as to protect the administration of justice and its decorum on one hand at minimum sacrifice of freedom of speech and expression on the other. KeyWords : Key words: Scandalizing the Court, Contempt of Court, Freedom of Speech and ExpressionView Full Paper
Author(s) : Dr. Heena Basharat & Isbah Qureshi
Abstract In recent times, discussions about gender equality have broadened to encompass a critical look at men's rights, but issues specific to men frequently go unnoticed. This article examines the socio-legal aspects of men's rights today, emphasizing topics like family law, workplace fairness, mental health, and domestic abuse. The heart-breaking situation of Atul Subhash suicide in India highlights the pressing necessity to tackle the stigma associated with male mental health and the societal expectations that render numerous men susceptible. By examining legislative frameworks, societal views, and lived experiences, this research underscores the systemic difficulties encountered by men and the deficiencies in legal safeguards and support mechanisms. By exploring crucial issues such as acknowledging male victims of abuse and the mental health crisis affecting men, this paper promotes a fair approach to gender justice. Policy reform proposals seek to establish a more inclusive structure that promotes equity and well-being for all genders, ensuring the acknowledgment and protection of men's rights and responsibilities in today's society KeyWords : Key words: Domestic abuse, Gender Equality, Men’s rights, Mental healthView Full Paper
Author(s) : Vivek Kumar Pathak
Abstract In democratic legal systems, judicial review is considered to be the most significant factor for promoting and maintaining constitutionalism to protect and preserve the fundamental rights and freedoms of the people. There are diverse grounds on which the higher judiciary can make the evaluation of legislative and administrative actions for this purpose. In the area of public law and particularly administrative law, the Wednesbury unreasonableness and proportionality have been very popular grounds of judicial review. There has often been the discussion with respect to the relation, distinction and preference in these two grounds of judicial scrutiny and appraisal. It happens because of the fact that some scholars are of the opinion that proportionality is an aspect of Wednesbury Principle and both are the mutable concepts. Therefore, in academic explorations, it certainly becomes significant to find out the relationship between these two so that one may understand whether these grounds of judicial review are similar and entirely distinct from each other. If these two are found to be distinct, it similarly becomes important to see that which one should be the preferable option for an effective, operative and productive judicial review? In this background, the present paper discusses the meaning and evolution of proportionality as the ground of judicial review in the area of public law and its relation with the Wednesbury unreasonableness principle. The paper also deals with the question of preferential option by assuming that the doctrine of proportionality is an established concept and it works more in concrete than in abstract. The author concludes that the proportionality test is distinct from, and provides for a more intense test of, judicial review than Wednesbury unreasonableness principle and therefore, it should be the preferable option, particularly, in matters of violation of basic rights and freedoms of individuals. KeyWords : Key Words: Judicial Review, Proportionality, Wednesbury Unreasonableness, Rights, Freedoms, Public Law, Constitution, Democracy.View Full Paper
Author(s) : Dr. Anant D. Chinchure & Meenakshi Singh
Abstract India is home to some of the world's famous destinations. 43.80 lakh foreign tourists visited India, which has increased since 2022 to 21.24 lakhs. Undoubtedly, India is rich with natural landscapes, historical and cultural diversity, and made its mark in scientific and medical technology. These features attract a lot of foreigners to explore incredible India. The tourism industry has been playing a significant role in the country's economic development but is also building career prospects in hospitality and management. India is the host for the year 2023 of the G20 nations, and four meetings were specifically focused on the tourism sector for its sustainable development. But on the other hand, the fact cannot be denied that the tourism sector has not been untouched by crime. Foreign tourists visit India to explore, but there are some instances of scamming by the locals; such instances tarnish the Indian image. But there is another side of the coin, too, where foreigners visiting India commit crimes. In fact, according to recent NCRB data, the "crime rate against the foreigners" is less than the "crime committed by the foreigners." This research paper will not only discuss the tourism industry along with its type and role in economic development but also focus on the criminal aspects connected to the industry with brief emphasis on the role and need for tourist police and policy to establish a safe environment and inspire prospective tourists to include India as a preferred destination. KeyWords : Key words: Tourist, Crime, Victim, Foreigner, G20 View Full Paper