Kaviya Singh

As per the National Human Rights Commission report of 2003, the under-trials constitute 72.78% of the total population of the population in prison while the 2002 figure was more disturbing since it was 1.28 marginally high to that of the 2003 census and was 74.06%. Undertrials have been in sight of the judiciary not much has been done for them. Though their plight is visible to the system and they can understand the problems but nothing effective is being done. The persistent problem of un-education, overpopulation, and slow trials, are the main reason for their plight. The article addresses their status in society and the legal provisions formulated to help them.

Life of every individual is greatly influenced by the administrative process. In the actions of a Welfare State, the constitutional mandates occupy predominant position even in administrative matters. It operates in public domain and in appropriate cases constitutes substantive and enforceable right. The term legitimate expectation pertains to the field of public law. It envisages grant of relief to a person when he is not able to justify his claim on the basis of law in true sense of term although he may have suffered a civil consequence. It does not create any legal right as such. The concept of legitimate expectation is being used by the courts for judicial review and it applies the ethics of fairness and reasonableness to the situation where a person has an expectation or interest in a public body retaining a longstanding practice or keeping a promise. The courts have emphasized that legitimate expectation as such is not an enforceable right. However, non-consideration of legitimate expectation of a person adversely affected by a decision may invalidate the decision on the ground of arbitrariness. The plea of legitimate expectation relates to procedural fairness in decision-making and forms part of rule of non-arbitrariness; and it is not meant to confer an independent right enforceable itself. The doctrine of legitimate expectation is not applicable in relation to a dispute arising out of a contract qua contract. Furthermore, this doctrine cannot be invoked to modify or vary the express terms of a contract, more so when they are statutory in nature. This paper throws light upon the new legal order which has influenced the administrative process greatly. This legal order in the Administrative Law has emerged in India in the middle of 20th century. An attempt has been made in this article to analyze the role of judiciary in India in checking the growing abuse of administrative powers and in this process role of judiciary in Europe and United Kingdom in developing this doctrine has also been studied. It reflects how reasonable opportunity of being heard is given to the affected parties against administrative action, although it does not create any legal right as such. 

Religion has been a definition to most of the human beings existing in this world, religious practices have given meaning to most of the lives. A handful of religions are governing the world and its worldly affairs. The article describes the inception of all the religious practices which have developed the history of India and the influences which have played a major role in shaping out the history of the country. An international probe shall follow later.

Local Self Governments have been the basic foundation of the very structure of federal countries. The importance of the same was felt worldwide and expressed in a conference held in the International Association of Centers for Federal Studies (IACFS), somewhere near the II world war. Work of welfare can only be made effective if it is well executed at the lower level, earlier the state or provincial government were considered to be the local units and the most effective one, but, sooner as the need demanded and the problem of overburdening grew out of control, a need for more classified system was felt. South Africa became the most effective federal system to execute the system of LSG (Local Self Government) in the country and stands to be one of the most productive economies of the world. The paper derives the existence of local self-government in India and compares the machinery with the USA, Canada, and Australia.

In the World bank group analysis, women constitute approximately half of the population in the world. Yet they have been denied the basic rights. A long battle has been fought to attain the right to be born, but the problem does not seem to curb. In India, this evil practice of not giving birth to females has risen since the increase in prenatal diagnostic techniques in the 1990s. But even before these developments females were denied the right to survive due to gender discrimination. Females have always been seen as a burden on the family and due to patriarchal dominance, they have been denied the basic human right of being born. The country has seen brutal examples of burying female children alive and of abandoning them in temples or dumping grounds. The article highlights the struggle and the consequential developments the country has made and ends in answering whether the battle is half won or are we still on the edge?

From the time in memory, India has seen various atrocities and has fought to overcome the shackles of a dying society; One of these being the medieval practice of slavery, by the then zamindars and business class. Once the country’s political gospel took up the ideal of laissez -faire, in the nineteenth century, the concept of social justice and welfare state came handy. Ever since, the government has taken all the necessary steps to establish the ideas successfully. India today, is one of the largest democratic economies of the world which posses’ threat to the existing economies for basically two ruling factors, one being the size of the demand produced and the other being the demographic distribution of population, most of it comprising youngsters. And in this fairy tale situation, stands the monster of child exploitation. As per the ‘Freedom Project India’ (a freedom movement organization) report, over more than three hundred thousand (300,000) children were pushed into child begging by the human trafficking cartels.
This is the right time to ask ourselves, is this why we brought the innocent ones to life? This is how we want our countries future to be: begging?
Beggary, a human misery is another form of slavery; we might have fought the ancient system of slavery but we still struggle to evade this system, and the rising concern is that this system is stretching its hand over our young ones. Beggary, in itself, has been made punishable by central government and as many as twenty- two (22) state acts have been enacted by state governments and various central aided programs are run to control the situation, but again, on every red light crossing, you will find beggars, and if not adults then children. Delhi district court took a strong step to curb the situation in 2010 and by its judgment; it made children liable to the same punishment as adults. Is this the right solution?
In my point of view, with children, there should not be harshness but love and care. A situation like such can only be deterred if proper steps of retribution are taken. The core of the problem lies in deducing two main issues, how and why? How did we reach such a situation and why did we reach here. By answering them, we will be able to find a solution to the building problem. This article tends to find an answer to the core problem and will analyze the various anti begging laws which the states have executed declaring the act as the crime. It will sum up finding a solution to the issue.

Women's protection and awareness have been the prime prerogative of the country and the country has been very progressive in attaining the same. Various programs were brought in to educate people on this theme. Yet, the country has remained untrained and unlearned about the issues and thus even though the programs were made to be successful, they have badly failed and the situation has grown to be imbalanced. We are in a need of nation where gender neutrality is preferred over gender equality; because a country as vast as ours’ will never cope up providing the latter. Men are as essential a part of our country as women; they need the same stretch of protection as others. In the phase of development, investment of resources in determining the differences will be a waste and it will take us back to where we started.

The article addresses the issues of sexual harassment in the workplace. The issue was brought in knowledge and attention by the guidelines given by the Supreme Court in the star case of Vishakha vs. the State of Rajasthan after the agitation increased amongst the working women and the other employees. Such practices create a hostile environment for women and thus discourages their participation in the economic and social growth of the country. The article is an empirical study including a survey conducted on the sample size of 50 Human Resource managers on the issue.

India has the widest movie industry in the world, taking on a mean of nearly one thousand feature films and nearly fifteen hundred short films per annum. Film production and exhibition occupy a crucial place within the field of culture, tradition, and lifestyle of any country. Films play a very vital role in shaping popular opinion and imparting knowledge and understanding of the lives and traditions of people. The favored appeal and accessibility of films make them a crucial instrument of aesthetic education for broad sectors of the population. To exhibit the films made in the country there is a Central Board of Film Certification which presently views the content overdoing decency and morality and doesn't violate the liberty of speech and expression. Cinema in a country like ours has a strong impact not only on economic but also on social outlook of the country. The country has a history of the same and has developed an interesting way to grant the censorship certificate to the same.

Human rights are moral principles or norms, that describe certain standards of human behavior, and are regularly protected aslegal rights in municipal and international law. They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being," and which are "inherent in all human beings" regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They require empathy and the rule of law and impose an obligation on persons to respect the human rights of others. Yet, we often are debating on the issues of the existence of these rights. The society has reduced its standard and has lowered down in underestimating the existence of fellow humans. the article analyses the emergence and the existence of human rights being bestowed on humans by the virtue of their existence.

Domestic Violence against women is increasing at a higher rate, it is a serious threat for many women. domestic violence or intimate partner violence occurs between people in an intimate relationship. Domestic violence can take many forms, including emotional, sexual, and physical abuse and threats of abuse. Domestic violence can happen in heterosexual or same-sex relationships.

Domestic violence (DV) or intimate partner violence (IPV) arises when there is violent, abusive, or intimidating behavior in a relationship in order to control the victim physically, psychologically, economically, and/or sexually. Furthermore, the digital environment and new technologies seem to favor and legitimize forms of violent communication\u2010action. A systemic perspective tries to frame the complexity of the phenomenon, considered a public health problem. The right of every person to live free from DV needs to be implemented for the victims, for society, for all humanity