LRJLSEI: Volume I issue II


Conflict between Human Rights and Anti-Terrorism Laws: An Analysis with Special Reference to India, By Parvesh Kumar Rajput, DIRD College, Assistant Professor, 

The objectives of this research paper are to analyse the situation prevailing in some parts of the country. Moe specifically Kashmir and North Eastern part of the country.  Historically, these regions are not having any independent character but today they are engulfed into the fire of terrorism and cross-border insurgency.  Though it is low intensity conflict but made a huge economic and social loss to the country.  Government of India has tried to control the situation with the help of the union armed forces and to regulate the prevailing situations; some stringent laws have also been imposed to protect the interest of the armed forces. In this paper, emphasis has been focused on the AFSPA, 1958(Armed Forces Special Powers Act, 1958), applied on the Kashmir valley and north eastern part of the country.  In this paper we have to analyse its importance and effects vis-à-vis International and Domestic Human Right laws.Read More

Evidentiary Value Of Medical Witness by Saunak Rajguru,KIIT School of law

A common witness is one who testifies only to the facts observed by him; his evidence requires only common intelligence and knowledge. He is not capable of forming of opinion or drawing conclusions from the facts observed by him. This principle is known as firsthand knowledge. Section 45 of  Indian Evidence Act deals with opinion of experts. An expert witness, or skilled witness, is one who is skilled in scientific, technical, or professional matters, and who on account of his professional training, experience, and ability, is capable of forming opinions, or drawing inferences an expert witness is especially skilled in Forensic Medicine, science or law, or art. Medico-legal expert, when mentions the nature of injuries and whether they were caused during life or after death, is an expert witness.Read more

DNA Testing:Whether it can be used as an Evidence or not? by Vrinda Arora and Gayatri munjal

In this paper we would be dealing with DNA testing and how it has been useful as an evidence against any crime done. DNA testing, widely available for over twenty-five years, has revolutionized the way local, state, and federal governments understand identity by making it inexpensive to obtain a person’s genetic profile and link people to biological evidence and to each other. With the benefit of different types of DNA testing, the state can now say with greater certainty whether a particular suspect was the culprit of a crime or whether a particular person is the biological parent of a child etc. DNA testing has been embraced with enthusiasm by courts, legislatures, and agencies, state and federal, across areas of law ranging from criminal law, employment law, family law, and health law because it is easy to obtain and offers apparent certainty.Read more

Children Who Become Adult Too Early By Dipankar Madaan and Urvashi Raina

They are everywhere but invisible, toiling as domestic servants in homes, labouring behind the walls of workshops/factories, hidden from view in sugarcane plantations, unsafe in the production of pyrotechnics, collecting garbage from households, risking their lives in the streets selling newspapers and cigarettes, hopping from one jeepney to another to wipe our shoes and begging to fill their empty stomach, experiencing malnutrition, can be seen asleep in the coldness of the earth provided with carton papers as their beds, paying their ancestors’ debts in some big haciendas, working for their families in the rice farm, diving for pearls in the ocean/seas of the archipelago, involved in mining and quarrying in some places, demoralized and prostituted at young age…’’They are not worthy of these misfortunes.Read more

SPACE As New Tourist Destination – Challenges and Solutions By Raj Krishna

Space tourism, which our forefathers could not have even fathomed, is very much in vogue today. The enterprising skill of human being has made this a reality in the present times. Today the mankind stands at a significant juncture between the early successes of the orbital space tourism industry, and the very near promise of the start of sub-orbital space tourism operations. Spaceports stand ready to embrace the new sub-orbital space tourism markets and their attendant economic and employment opportunities. However, there are various challenges which needto be tackled before making strides in the field of space tourism. To regulate and streamline Space tourism and address related issues international laws and treaties have been enacted and implemented. As the popularity of Space tourism increases there may be a need to enact additional laws and guidelines in future to address those new initiativesRead more

Any Rape is Crime, Why isn’t Marital Rape? Make Love, Not Rape ! By Abhilasha Belwal and Ashish Belwal

“Her friends used to tell her it wasn’t rape if the man was your husband. She didn’t say anything, but inside she seethed; she wanted to take a knife to their faces” – F. H. Batacan. The first thought that crosses our mind after we read about Marital Rape is whether it happens? How can a husband be a rapist? Marital Rape or spousal rape or rape in marriage is non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, domestic violence and sexual abuse. Apart from this, it is betrayal of trust by the person to whom a wife entrusts her life.Read more

A step ahead to Death Penalty Abolition By Roli sharma

“Every saint has a past, every sinner has a future.” -V. R. Krishna Iyer, J “… the humanistic approach should not obscure our sense of realities.” When a man commits a crime against society by committing a diabolical, coldblooded, pre-planned murder of one innocent person the brutality of which shocks the conscience of the court, he must face the consequence of his act. Such a person forfeits his right to life.” – A. P. Sen., JAs a defining law on the death penalty the case of Bachan Singh calls for the prosecution to show by leading evidence that there is no possibility of rehabilitation of the accused and that life will serve no purpose.Read more

State Policies Regarding Right to Education  By Atul Rana & Avantika Banarjee

local government. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. The constitution of India had provision as to education only in the directive principle of state policy. It expressly indicated that the state has to make the policy for education. At present there are various provisions as to education in the fundamental rights, directive principles and fundamental duties. Thus, it has assumed the importance of education for a citizen as well as a country. To some extent it is a right of citizen and a duty as well.Read more

Is Commercialisation of Surrogacy Unethical By Payal Dey 

According to the Artificial Reproductive Technique Guidelines, surrogacy is an “arrangement in which a woman agrees to a pregnancy, achieved through assisted reproductive technology, in which neither of the gametes belong to her or her husband, with the intention of carrying it to term and handling over the child to the person or persons from whom she is acting as surrogate; and a ‘surrogate mother’ is a woman who agrees to have an embryo generated from the sperm of a man who is not her husband Read More