LAW AND LAWYERS is open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters.This platform shall also ignite the initiative and desire of young law students to contribute to the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before lawmakers, lawyers and the society at large, in the event of the ever-changing social, economic and technological scenario.
"The legal subordination of one sex to another is wrong in itself, and now one of the chief hindr... more "The legal subordination of one sex to another is wrong in itself, and now one of the chief hindrances to human improvement; and that it ought to be replaced by a system of perfect equality, admitting no power and privilege on the one side, nor disability on the other". 1 Individual Dignity is the realm of a civilized society. When a woman is treated with the real spirit of equality with that of a man then only a society is considered as civilized. Any system that treats women with indignity and inequality and discriminates between men and women invites the wrath of the Constitution. Any Legislation that might have got the stamp of serene approval, a few decades back, may have to meet its end with the efflux of time. In Manusmriti, Chapter 3, Verse 56, Manu told about the greatness of women and stated that, "where women are honoured, divinity blossoms and wherever women are dishonoured, all action no matter how noble it may be, remains unfruitful"-यत्र नायय स्तु पू ज्यन्ते रमन्ते तत्र दे वतााः । यत्रै तास्तु न पू ज्यन्ते सवाय स्तत्राफलााः क्र ियााः ॥ 56॥ Marriages in India exists in different forms, under Hindu marriage system it is considered as a sacrament and in Muslim marriage system it is a contract and for this system to function both wife and husband plays crucial role. It is exasperating that whenever it comes to the rights of women in the system of marriage our legislation is handcuffed with the patriarchal mindset. Man and woman are no different but pity to say that man still thinks after marrying a woman, he own her, he becomes owner of her mind, body and even soul. Such a thought is abominable, woman is not a puppet of man and she cannot be asked to think as the husband desires, for it slaughters her core identity.
KEYWORDS: sex; gender; women; men; cisgender; transgender; intersex; queer; sexuality; heterosexu... more KEYWORDS: sex; gender; women; men; cisgender; transgender; intersex; queer; sexuality; heterosexual; homosexual; bisexual; pansexual; asexual; homophobia; equality; discrimination. For many years now, ‘Sex’ and ‘gender’, and terms like “male/female” and “man/woman” have often been used and understood interchangeably. However, in critical theories of sex and gender, these terms are considered separately. When gender is defined as man or woman, this is known as the Gender Binary. But several countries now recognize a 3rd category, commonly known as “Others.” Whenever gender identity is discussed, it is important to mention ‘cisgender’, ‘transgender’, and also ‘intersex.’ Generally, the gender role of an individual influence the presumption of his/her sexuality. Sexuality refers to a person’s emotional, physical and sexual attraction to other individuals. There are several types of sexual orientation: 1. Heterosexual 2. Homosexual 3. Bisexual/ Pansexual 4. Asexual Whenever homosexuality is mentioned, it is important to talk about ‘lesbian’ and ‘gay’ too. Queer is an umbrella term for all people who are neither cisgender nor heterosexual. Homophobia is an irritational fear of or aversion to homosexuality or people who are perceived as being lesbian, gay, bisexual or transgender. Recently, in India, many legal reforms have been implemented to address their struggle for identity, and the various forms of discrimination, harassment, intolerance, exclusive behaviour and other problems faced by the LGBTQIA community. Yet, they have a long way to go for the achievement of equality and further material success.
Often, in an agreement signed between two parties, there exists a clause to opt for arbitration i... more Often, in an agreement signed between two parties, there exists a clause to opt for arbitration in case of any dispute. “The case of M/s. Sundaram Finance Limited v. T. Thankam talks about a certain circumstance, wherein one of the parties institutes a civil suit against the other, even though there existed a certain clause for arbitration in case of any dispute between the parties. The court held that such approaches would only delay the resolution of disputes and complicate the redressal of grievance and of course unnecessarily increase the pendency in the court. The purpose of this study is to analyze in detail, the validity of Section 8 of the Arbitration and Conciliation Act, 1996 with reference to the case of M/s. Sundaram Finance Limited v. T. Thankam.” The drift towards arbitration in the current times is rapidly increasing and thus it is even more important to understand the concepts in the right manner.
The debate about couple is fraught with emotion, often making Fruitful discussion of the issue vi... more The debate about couple is fraught with emotion, often making Fruitful discussion of the issue virtually impossible. In this project, I distil the important Points of contention both for and against couple also because the legal issues Involved. I hope to familiarize readers with the legal and social issues that surround this debate in order that they will understand better what has made this such a divisive issue. Same-sex marriage (SSM) is a new social phenomenon. In modern times SSM did not exist until the 21st century when an increasing number of countries began permitting same-sex couples to marry legally. This study presents statistical and related evidence concerning SSM worldwide, with special attention to the us , where SSM has evolved into a serious political and legal issue. In addition to examining data on levels and trends, differentials between men and women are investigated. The study also considers common arguments for and against SSM and certain changes in laws and policies which will occur. Although same-sex marriage now exists in a small number of countries and US states, its consequences and implications are being felt far beyond the borders of those countries and areas. In coming years couple will remain a controversial and salient a part of the legal, political, and cultural landscape, locally, nationally, and internationally.
Potential impact of COVID-19 on GDP and Indian Economy The virus that triggered a localized shock... more Potential impact of COVID-19 on GDP and Indian Economy The virus that triggered a localized shock in China is no delivering a big global shock. This study simulates the potential impact of COVID-19 on gross domestic product and trade, employing a standard global computable general equilibrium model. It models the shock as underutilization of labour and capital, a rise in international trade costs, a visit travel services, and a redirection of demand away from activities that need proximity between people. A baseline global pandemic scenario sees gross domestic product fall by 2 percent below the benchmark for the planet, 2.5 percent for developing countries, and 1.8 percent for industrial countries. The declines are nearly 4 percent below the benchmark for the planet, in an amplified pandemic scenario during which containment is assumed to require longer and which now seems more likely. the largest negative shock is recorded within the output of domestic services affected by the pandemic, in addition as in traded tourist services. Since the model doesn't capture fully the social isolation induced independent contraction in demand and therefore the decline in investor confidence, the eventual economic impact may be different. This exercise is illustrative, because it's still too early to form an informed assessment of the complete impact of the pandemic. But it does convey the likely extent of impending global economic pain, especially for developing countries and their potential need for assistance.
"Confidentiality is a paradigmatic aspect of arbitration." One of the main reason Arbitration is ... more "Confidentiality is a paradigmatic aspect of arbitration." One of the main reason Arbitration is preferred over litigation is the confidentiality of the proceedings and the award. It maintains the autonomy of the parties and prevents them from unwanted advertising. Privacy in arbitration proceedings gives a sense of security to the parties; while confidentiality goes one step further to ensure that the parties do not disclose information related to the content of the proceedings. The statistical survey of US / European users conducted in 2012 by the LCIA showed that confidentiality was the most important perceived benefit of arbitration.
Ferocity is at its worst demonstration when it occurs within the rim of a family. Rape within the... more Ferocity is at its worst demonstration when it occurs within the rim of a family. Rape within the bounds of marriage is a notion that can fret any woman to the very core. The dread of having suffering silently through is an unbearable thought. This self-imposed silence not only has deleterious reverberations on the emotional level, but also disturbs the mental stability of a woman. However, if looked at precisely, this silence is not exactly self-enforced. The enforcement makes its way through the shortfalls of the laws and the existence of social stigmas resulting in the concealment of a heinous crime behind the ‘saintly’ nature of a marriage. This paper focuses on highlighting the practice of marital rape, gives an account of the legality of marital rape laws, looks within the social extremity of marital rape, and attempts to frame a reference to human right stance. It also offers a comprehensive view of the legal complexities of the already existing laws - Section 375 (exception 2) of the Indian Penal Code, 1860. It will only be complying to say that minimal criminalization of this crime will not be enough to terminate its dreadful plight, but it will surely act as a predominant stride towards altering a woman’s encounter with sexual violence and dominance. It is high time for the abstraction of “rape is rape, irrespective of the relationship between the victim and the perpetrator” to get acknowledged by judicial structures and be put to strict force, breaking off all the uncorroborated patriarchal claims of men over women.
"The legal subordination of one sex to another is wrong in itself, and now one of the chief hindr... more "The legal subordination of one sex to another is wrong in itself, and now one of the chief hindrances to human improvement; and that it ought to be replaced by a system of perfect equality, admitting no power and privilege on the one side, nor disability on the other". 1 Individual Dignity is the realm of a civilized society. When a woman is treated with the real spirit of equality with that of a man then only a society is considered as civilized. Any system that treats women with indignity and inequality and discriminates between men and women invites the wrath of the Constitution. Any Legislation that might have got the stamp of serene approval, a few decades back, may have to meet its end with the efflux of time. In Manusmriti, Chapter 3, Verse 56, Manu told about the greatness of women and stated that, "where women are honoured, divinity blossoms and wherever women are dishonoured, all action no matter how noble it may be, remains unfruitful"-यत्र नायय स्तु पू ज्यन्ते रमन्ते तत्र दे वतााः । यत्रै तास्तु न पू ज्यन्ते सवाय स्तत्राफलााः क्र ियााः ॥ 56॥ Marriages in India exists in different forms, under Hindu marriage system it is considered as a sacrament and in Muslim marriage system it is a contract and for this system to function both wife and husband plays crucial role. It is exasperating that whenever it comes to the rights of women in the system of marriage our legislation is handcuffed with the patriarchal mindset. Man and woman are no different but pity to say that man still thinks after marrying a woman, he own her, he becomes owner of her mind, body and even soul. Such a thought is abominable, woman is not a puppet of man and she cannot be asked to think as the husband desires, for it slaughters her core identity.
KEYWORDS: sex; gender; women; men; cisgender; transgender; intersex; queer; sexuality; heterosexu... more KEYWORDS: sex; gender; women; men; cisgender; transgender; intersex; queer; sexuality; heterosexual; homosexual; bisexual; pansexual; asexual; homophobia; equality; discrimination. For many years now, ‘Sex’ and ‘gender’, and terms like “male/female” and “man/woman” have often been used and understood interchangeably. However, in critical theories of sex and gender, these terms are considered separately. When gender is defined as man or woman, this is known as the Gender Binary. But several countries now recognize a 3rd category, commonly known as “Others.” Whenever gender identity is discussed, it is important to mention ‘cisgender’, ‘transgender’, and also ‘intersex.’ Generally, the gender role of an individual influence the presumption of his/her sexuality. Sexuality refers to a person’s emotional, physical and sexual attraction to other individuals. There are several types of sexual orientation: 1. Heterosexual 2. Homosexual 3. Bisexual/ Pansexual 4. Asexual Whenever homosexuality is mentioned, it is important to talk about ‘lesbian’ and ‘gay’ too. Queer is an umbrella term for all people who are neither cisgender nor heterosexual. Homophobia is an irritational fear of or aversion to homosexuality or people who are perceived as being lesbian, gay, bisexual or transgender. Recently, in India, many legal reforms have been implemented to address their struggle for identity, and the various forms of discrimination, harassment, intolerance, exclusive behaviour and other problems faced by the LGBTQIA community. Yet, they have a long way to go for the achievement of equality and further material success.
Often, in an agreement signed between two parties, there exists a clause to opt for arbitration i... more Often, in an agreement signed between two parties, there exists a clause to opt for arbitration in case of any dispute. “The case of M/s. Sundaram Finance Limited v. T. Thankam talks about a certain circumstance, wherein one of the parties institutes a civil suit against the other, even though there existed a certain clause for arbitration in case of any dispute between the parties. The court held that such approaches would only delay the resolution of disputes and complicate the redressal of grievance and of course unnecessarily increase the pendency in the court. The purpose of this study is to analyze in detail, the validity of Section 8 of the Arbitration and Conciliation Act, 1996 with reference to the case of M/s. Sundaram Finance Limited v. T. Thankam.” The drift towards arbitration in the current times is rapidly increasing and thus it is even more important to understand the concepts in the right manner.
The debate about couple is fraught with emotion, often making Fruitful discussion of the issue vi... more The debate about couple is fraught with emotion, often making Fruitful discussion of the issue virtually impossible. In this project, I distil the important Points of contention both for and against couple also because the legal issues Involved. I hope to familiarize readers with the legal and social issues that surround this debate in order that they will understand better what has made this such a divisive issue. Same-sex marriage (SSM) is a new social phenomenon. In modern times SSM did not exist until the 21st century when an increasing number of countries began permitting same-sex couples to marry legally. This study presents statistical and related evidence concerning SSM worldwide, with special attention to the us , where SSM has evolved into a serious political and legal issue. In addition to examining data on levels and trends, differentials between men and women are investigated. The study also considers common arguments for and against SSM and certain changes in laws and policies which will occur. Although same-sex marriage now exists in a small number of countries and US states, its consequences and implications are being felt far beyond the borders of those countries and areas. In coming years couple will remain a controversial and salient a part of the legal, political, and cultural landscape, locally, nationally, and internationally.
Potential impact of COVID-19 on GDP and Indian Economy The virus that triggered a localized shock... more Potential impact of COVID-19 on GDP and Indian Economy The virus that triggered a localized shock in China is no delivering a big global shock. This study simulates the potential impact of COVID-19 on gross domestic product and trade, employing a standard global computable general equilibrium model. It models the shock as underutilization of labour and capital, a rise in international trade costs, a visit travel services, and a redirection of demand away from activities that need proximity between people. A baseline global pandemic scenario sees gross domestic product fall by 2 percent below the benchmark for the planet, 2.5 percent for developing countries, and 1.8 percent for industrial countries. The declines are nearly 4 percent below the benchmark for the planet, in an amplified pandemic scenario during which containment is assumed to require longer and which now seems more likely. the largest negative shock is recorded within the output of domestic services affected by the pandemic, in addition as in traded tourist services. Since the model doesn't capture fully the social isolation induced independent contraction in demand and therefore the decline in investor confidence, the eventual economic impact may be different. This exercise is illustrative, because it's still too early to form an informed assessment of the complete impact of the pandemic. But it does convey the likely extent of impending global economic pain, especially for developing countries and their potential need for assistance.
"Confidentiality is a paradigmatic aspect of arbitration." One of the main reason Arbitration is ... more "Confidentiality is a paradigmatic aspect of arbitration." One of the main reason Arbitration is preferred over litigation is the confidentiality of the proceedings and the award. It maintains the autonomy of the parties and prevents them from unwanted advertising. Privacy in arbitration proceedings gives a sense of security to the parties; while confidentiality goes one step further to ensure that the parties do not disclose information related to the content of the proceedings. The statistical survey of US / European users conducted in 2012 by the LCIA showed that confidentiality was the most important perceived benefit of arbitration.
Ferocity is at its worst demonstration when it occurs within the rim of a family. Rape within the... more Ferocity is at its worst demonstration when it occurs within the rim of a family. Rape within the bounds of marriage is a notion that can fret any woman to the very core. The dread of having suffering silently through is an unbearable thought. This self-imposed silence not only has deleterious reverberations on the emotional level, but also disturbs the mental stability of a woman. However, if looked at precisely, this silence is not exactly self-enforced. The enforcement makes its way through the shortfalls of the laws and the existence of social stigmas resulting in the concealment of a heinous crime behind the ‘saintly’ nature of a marriage. This paper focuses on highlighting the practice of marital rape, gives an account of the legality of marital rape laws, looks within the social extremity of marital rape, and attempts to frame a reference to human right stance. It also offers a comprehensive view of the legal complexities of the already existing laws - Section 375 (exception 2) of the Indian Penal Code, 1860. It will only be complying to say that minimal criminalization of this crime will not be enough to terminate its dreadful plight, but it will surely act as a predominant stride towards altering a woman’s encounter with sexual violence and dominance. It is high time for the abstraction of “rape is rape, irrespective of the relationship between the victim and the perpetrator” to get acknowledged by judicial structures and be put to strict force, breaking off all the uncorroborated patriarchal claims of men over women.
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For many years now, ‘Sex’ and ‘gender’, and terms like “male/female” and “man/woman” have often been used and understood interchangeably. However, in critical theories of sex and gender, these terms are considered separately.
When gender is defined as man or woman, this is known as the Gender Binary. But several countries now recognize a 3rd category, commonly known as “Others.”
Whenever gender identity is discussed, it is important to mention ‘cisgender’, ‘transgender’, and also ‘intersex.’
Generally, the gender role of an individual influence the presumption of his/her sexuality.
Sexuality refers to a person’s emotional, physical and sexual attraction to other individuals.
There are several types of sexual orientation:
1. Heterosexual
2. Homosexual
3. Bisexual/ Pansexual
4. Asexual
Whenever homosexuality is mentioned, it is important to talk about ‘lesbian’ and ‘gay’ too.
Queer is an umbrella term for all people who are neither cisgender nor heterosexual.
Homophobia is an irritational fear of or aversion to homosexuality or people who are perceived as being lesbian, gay, bisexual or transgender.
Recently, in India, many legal reforms have been implemented to address their struggle for identity, and the various forms of discrimination, harassment, intolerance, exclusive behaviour and other problems faced by the LGBTQIA community.
Yet, they have a long way to go for the achievement of equality and further material success.
For many years now, ‘Sex’ and ‘gender’, and terms like “male/female” and “man/woman” have often been used and understood interchangeably. However, in critical theories of sex and gender, these terms are considered separately.
When gender is defined as man or woman, this is known as the Gender Binary. But several countries now recognize a 3rd category, commonly known as “Others.”
Whenever gender identity is discussed, it is important to mention ‘cisgender’, ‘transgender’, and also ‘intersex.’
Generally, the gender role of an individual influence the presumption of his/her sexuality.
Sexuality refers to a person’s emotional, physical and sexual attraction to other individuals.
There are several types of sexual orientation:
1. Heterosexual
2. Homosexual
3. Bisexual/ Pansexual
4. Asexual
Whenever homosexuality is mentioned, it is important to talk about ‘lesbian’ and ‘gay’ too.
Queer is an umbrella term for all people who are neither cisgender nor heterosexual.
Homophobia is an irritational fear of or aversion to homosexuality or people who are perceived as being lesbian, gay, bisexual or transgender.
Recently, in India, many legal reforms have been implemented to address their struggle for identity, and the various forms of discrimination, harassment, intolerance, exclusive behaviour and other problems faced by the LGBTQIA community.
Yet, they have a long way to go for the achievement of equality and further material success.