scholarly journals India's homosexual discrimination and health consequences

2007 ◽  
Vol 41 (4) ◽  
pp. 657-660 ◽  
Author(s):  
Govindasamy Agoramoorthy ◽  
J Hsu Minna
Keyword(s):  
Hiv Infection ◽  
Present Article ◽  
Fundamental Rights ◽  
Penal Code ◽  
Same Sex ◽  
Colonial Era ◽  
British Colony ◽  
Modern Fiction ◽  
The Government ◽  
Indian Penal Code

A large number of countries worldwide have legalized homosexual rights. But for 147 years, since when India was a British colony, Section 377 of the Indian Penal Code defines homosexuality as a crime, punishable by imprisonment. This outdated law violates the fundamental rights of homosexuals in India. Despite the fact that literature drawn from Hindu, Buddhist, Muslim, and modern fiction testify to the presence of same-sex love in various forms, homosexuality is still considered a taboo subject in India, by both the society and the government. In the present article, the continuation of the outdated colonial-era homosexuality law and its impact on the underprivileged homosexual society in India is discussed, as well as consequences to this group's health in relation to HIV infection.

A Critical Appraisal of Crime Over Social Networking Sites in the Context of India

2020 ◽  
pp. 93-112
Author(s):  
Unanza Gulzar
Keyword(s):  
Information Technology ◽  
Social Media ◽  
Social Networking ◽  
Social Networking Sites ◽  
Penal Code ◽  
Visual Content ◽  
Current Scenario ◽  
Key Driver ◽  
The Government ◽  
Indian Penal Code

An inescapable part of our everyday lives, visual communication is a key driver of engagement on social media. These are redesigned their news feed to allow greater emphasis on visual content, resulting in greater interaction. This chapter discusses the current scenario of cyber and social media crime in India and how the government has incorporated the necessities to fight against it. It will also include the types of social media crime enumerating the provisions of Information Technology Act, Indian Penal Code. Through this chapter, the author discusses the various types of cybercrimes, which are cyber defamation, cyber pornography, cyber stalking, fraudulent transaction and misrepresentation, hacking. The author laid emphasis on what legislations are in action to deal with such crimes and how strictly the offenders are punished. The author also discusses the competency of the present legislation and how the loopholes, if any, can be filled to make the virtual world a better place for everyone.

scholarly journals Comparative Analysis of Academic Freedom within Higher Education Institutions (HEIs) in India and the USA

2021 ◽  
Vol 12 (6S1) ◽  
Author(s):  
Ruchi Saini
Keyword(s):  
Comparative Analysis ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
Penal Code ◽  
Policy Documents ◽  
Post Secondary ◽  
The Usa ◽  
Key Policy ◽  
The Government ◽  
Indian Penal Code

Despite having one of the largest and fastest-growing post-secondary sectors in the world, there has been increasing protest against the lack of academic freedom within HEIs in India in the past decade. This research study carries out a comparative analysis of academic freedom within HEIs in India and the U.S., with a specific focus on how the notion is formulated within key policy documents and the provisions to safeguard it. Preliminary data from the systematic review revealed that while policy documents within both the countries frame the notion along similar lines, various sections within the Indian Penal Code are used to criminalize useful dissent and freedom of expression within HEIs. The study recommends that in order to safeguard academic freedom in India, certain specific sections within the Indian Penal Code (Section 124A, Section-153A, Section-292, Section-295A) should be either repealed or reformulated so that they are not amenable to misuse by the government.

scholarly journals Restriction on Religious Muslim Clothes in Kazakhstan

2020 ◽  
Vol 21 (1) ◽  
Author(s):  
Zhansulu Muratova
Keyword(s):  
Present Article ◽  
Current Situation ◽  
Fundamental Rights ◽  
The Government ◽  
The Right

Kazakhstan has always been linked to Islam religion. However, the question of Islamic religious clothes has only arisen recently and presents a controversy in secular, contemporary Kazakhstan. The main purpose of the present article is to review the development of Islam religion, the current situation regarding Islamic garments, and the reasons why the government is cautious about the presence of Islamic garments, moreover, the decree on prohibition of wearing headscarves in schools. In addition, the right to religion will be taken into account in order to understand the situation of citizens and their fundamental rights.

scholarly journals Kerk en owerheid binne ’n regstaat. Die profetiese roeping van die kerk met betrekking tot die Suid-Afrikaanse owerheid

2000 ◽  
Vol 34 (1) ◽  
Author(s):  
N. Vorster ◽  
J.H. Van Wyk
Keyword(s):  
South African ◽  
Fundamental Rights ◽  
Theoretical Argument ◽  
The South ◽  
African Government ◽  
Constitutional State ◽  
African Context ◽  
The Government ◽  
Just Society ◽  
The Church

Church and government within a constitutional state. The prophetic calling of the church towards the South-African government With the transition to a new political dispensation in South Africa, a constitutional state has been established. A typical characteristic of this new dispensation is that the government remains neutral while the executive powers are subject to the Bill of Human Rights. The question of how the church can realize its prophetic task towards the government within the context of a constitutional state is highlighted in this article. The central theoretical argument is that a constitutional state that acknowledges fundamental rights provides an excellent opportunity for the church to fulfil its prophetic calling within the South African context. The church can contribute to a just society by prophetic testimony within the perspective of the kingdom of God.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

India’s Anti-corruption Authorities: Lokpal and Lokayukta

2018 ◽  
Vol 64 (3) ◽  
pp. 502-517
Author(s):  
Rajani Ranjan Jha
Keyword(s):  
Present Article ◽  
Public Life ◽  
The Other ◽  
Historical Evolution ◽  
Administrative Reforms ◽  
The Government

Increasing corruption in public life in India has been a matter of growing concern since the early 1960s. The Administrative Reforms Commission recommended the appointment of the Lokpal institution in 1966. Since then, a number of Lokpal legislations were introduced in the Parliament in the years 1968, 1971, 1977, 1985, 1989, 1996, 1998 and 2001 without any success. The Anna Hazare movement of 2011 forced the Government of India to seriously think of introducing the Lokpal legislation. Finally, the Lokpal and Lokayuktas Act, 2013, was passed. However, the Act is yet to be operationalised. While the Lokpal legislation lapsed one after the other, at their level many states enacted and introduced the Lokayukta institution. The success has been very limited so far as tackling corruption is concerned. The present article deals with these anti-corruption authorities in India in terms of their historical evolution, legislative features and experiences gained out of the working of the Lokayuktas.

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

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