scholarly journals PRUNING OF SECTION 377, INDIAN PENAL CODE, 1860 AND CHANGED DYNAMICS OF MORALITY IN INDIAN SOCIETY

2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig
Keyword(s):  
Social Structure ◽  
Supreme Court ◽  
Legal System ◽  
Penal Code ◽  
Indian Society ◽  
Supreme Court Of India ◽  
The Social ◽  
The Supreme Court ◽  
Set Up ◽  
Indian Penal Code

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.

scholarly journals Case Comment: Alister Anthony Pareira v. State of Maharashtra

1970 ◽  
Vol 3 (2) ◽  
pp. 85-95
Author(s):  
Joseph Alby
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
Critical Commentary ◽  
The Supreme Court ◽  
Drunken Driving ◽  
Indian Penal Code

Earlier, cases of drunken driving resulting in an accident were determined in accordance with sections 337 and 338 of the Indian Penal Code, 1860 (IPC). Relatively lenient, these provisions warrant maximum punishments of imprisonment for 6 months and 2 years respectively. However the Supreme Court in Alister Anthony Pareira v. State of Maharashtra held that in a case where an allegation is raised regarding an accident being caused as a consequence of drunkenness, the investigating agency is bound to register the case under section of 304, IPC. Section 304 part II deals with culpable homicide not amounting to murder, and imposes a punishment of 10 years rigorous imprisonment. As a result, drunken driving has now been made punishable under section 304 part II as well as under sections 337 and 338, which deal with injury caused by negligence. The objective of this study is to provide a critical commentary of the aforementioned judgment.

scholarly journals Acid Attacks in India: A Socio-Legal Report

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Vidhik Kumar ◽  
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Indian Government ◽  
Supreme Court Of India ◽  
Patriarchal Ideology ◽  
The Supreme Court

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.

scholarly journals Recent debate on landmark anti-caste legislation in India

2018 ◽  
Vol 19 (1) ◽  
pp. 48-63
Author(s):  
Ayan Guha
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
Court Order ◽  
Sense Of Security ◽  
The Supreme Court ◽  
Scheduled Castes ◽  
Recent Debate ◽  
Procedural Safeguards ◽  
Indian Penal Code

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent atrocities against the Scheduled Castes (SCs) and Scheduled Tribes (STs). It prescribed penalties that are more stringent than the corresponding offences under the Indian Penal Code and other laws. Despite flaws in implementation, this Act has provided the SCs and STs with some sense of security. But it is often alleged that this law is frequently misused. A recent Supreme Court order has attempted to introduce some procedural safeguards to curb the misuse of this Act. But many, particularly the Dalit groups, believe that in doing so the Supreme Court has ended up diluting this landmark legislation. In this context, this article analyses the recent judicial pronouncement and presents the arguments for and against it.

Victor S. D'Souza. Development Planning and Structural Inequalities: The Response of the Underprivileged. New Delhi: Sage Publications 1990. Pages 206 + Index. Price: Rs 180 (Hardbound).

1991 ◽  
Vol 30 (3) ◽  
pp. 313-317
Author(s):  
Ziaul Haque
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Social Structure ◽  
Social Transformation ◽  
Social Inequalities ◽  
Census Data ◽  
Development Planning ◽  
Capital Formation ◽  
Indian Society ◽  
The Social

Deveiopment planning in India, as in other developing countries, has generally been aimed at fostering an industrially-oriented policy as the engine of economic growth. This one-sided economic development, which results in capital formation, creation of urban elites, and underprivileged social classes of a modern society, has led to distortions in the social structure as a whole. On the contrary, as a result of this uneven economic development, which is narrowly measured in terms of economic growth and capital formation, the fruits of development have gone to the people according to their economic power and position in the social structure: those occupying higher positions benefiting much more than those occupying the lower ones. Thus, development planning has tended to increase inequalities and has sharpened divisive tendencies. Victor S. D'Souza, an eminent Indian sociologist, utilizing the Indian census data of 1961, 1971, and 1981, examines the problem of structural inequality with particular reference to the Indian Scheduled Castes and Scheduled Tribes - the two most underprivileged sections of the present Indian society which, according to the census of 1981, comprised 15.75 percent and 7.76 percent of India's population respectively. Theoretically, he takes the concept of development in a broad sense as related to the self-fulfIlment of the individual. The transformation of the unjust social structure, the levelling down of glaring economic and social inequalities, and the concern for the development of the underprivileged are for the author the basic elements of a planned development. This is the theoretical perspective of the first chapter, "Development Planning and Social Transformation".

Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942

1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
West Coast ◽  
The United States ◽  
Japanese American ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Set Up ◽  
The Right

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.

scholarly journals Riservation Policy: Sources for Achieving the Social Justice in India

2019 ◽  
Vol 6 (4) ◽  
pp. p424
Author(s):  
Shiw Balak Prasad
Keyword(s):  
Social Justice ◽  
Political Rights ◽  
Supreme Court Of India ◽  
The People ◽  
The Social ◽  
The Supreme Court ◽  
Form Of Government ◽  
Long Time ◽  
Scheduled Castes ◽  
The Third World

In a democratic form of Government all citizens of the country are equal before the law of land. There is no scope of differences in any stage of life between them. Although natural discrimination may be possible, but politically and legally all should be equal. Discrimination on one or more of these factors became normal feathers particular in the third world countries of Africa and Asia. Really this social discrimination reflects in political rights and economic opportunities of the people so that the question of social justice became very important.In India, there has been so many social, economic and educational discrimination among the people from the very beginning. Weaker sections of the people have been deprived their rights. They are living like animal even today. So, Framers of the constitution of India include the provisions of reservation in the constitution of some posts of Government services to Scheduled Caste, Scheduled Tribes and Other Backward Classes for their upliftment. Actually, these reservation policies were implemented for scheduled castes and scheduled tribes only at the time of implementation of the constitution. After very long time, the then prime minister Late V.P. Singh had implemented 27 percent reservation to other backward classes for gaining of Social Justice. But due to conspiracy and the upper castes the conditions of reamy layer were imposed by the supreme court of India. Thus this paper will disclose all secrets in this countex.

scholarly journals Fascism-lite in America (or The Social Ideal of Donald Trump)

2018 ◽  
Vol 7 (2) ◽  
pp. 291-315 ◽  
Author(s):  
Ewan McGaughey
Keyword(s):  
Supreme Court ◽  
Media Coverage ◽  
Political Ideology ◽  
State Intervention ◽  
The United States ◽  
Political Campaigns ◽  
Donald Trump ◽  
Citizens United ◽  
The Social ◽  
The Supreme Court

Abstract What explains the election of the 45th President of the United States? Many commentators have said that Trump is a fascist. This builds on grave concerns, since Citizens United, that democracy is being corrupted. This article suggests the long term cause, and the shape of ideology is more complex. In 1971, an extraordinary memorandum of Lewis Powell for the U.S. Chamber of Commerce urged that ‘[b]usiness interests’ should ‘press vigorously in all political arenas for support’. Richard Nixon appointed Powell to the Supreme Court, and a few years later, despite powerful dissent, a majority in Buckley v. Valeo held that candidates may spend unlimited funds on their own political campaigns, a decision of which Donald Trump, and others, have taken full advantage. Citizens United compounded the problems, but Buckley v. Valeo was the ‘Trump for President’ case. This provided a platform from which Trump could propel himself into extensive media coverage. The 2016 election was inseparable from the social ideal pursued by a majority of the Supreme Court since 1976. No modern judiciary had engaged in a more sustained assault on democracy and human rights. Properly understood, ‘fascism’ is a contrasting, hybrid political ideology. It mixes liberalism’s dislike of state intervention, social conservatism’s embrace of welfare provision for insiders (not ‘outsiders’), and collectivism’s view that associations are key actors in a class conflict. Although out of control, Trump is closely linked to neo-conservative politics. It is too hostile to insider welfare to be called ‘fascist’. Its political ideology is weaker. If we had to give it a name, the social ideal of Donald Trump is ‘fascism-lite’.

scholarly journals Admissibility And Perplexity Of Digital Evidence: An Overview

2021 ◽  
Vol 5 (IV) ◽  
pp. 10-20
Author(s):  
Prashant Bhadu,
Keyword(s):  
Supreme Court ◽  
Research Paper ◽  
Digital Evidence ◽  
Electronic Evidence ◽  
Supreme Court Of India ◽  
The Supreme Court

The research paper has been started with the concept and meaning of digital evidence. In addition, the principles of the Evidence Act have been explained with amendments with respect to digital evidence. Several judgments of the Supreme Court of India have been cited in the context of admissibility and perplexity of digital evidence. Lastly, the safeguards and procedures to be followed by the Indian judiciary in handling digital/electronic evidence are also mentioned in the research paper.

The Supreme Court of India and Inter-State water dispute: an analysis of the judgments on Mullaperiyar Dam

Water Policy ◽  
2015 ◽  
Vol 17 (6) ◽  
pp. 1003-1018
Author(s):  
M. P. Ram Mohan ◽  
Krittika Chavaly
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Tamil Nadu ◽  
The State ◽  
Specific Reference ◽  
Supreme Court Of India ◽  
First Case ◽  
The Supreme Court ◽  
State Water ◽  
Inter State

This paper addresses the issue of the Mullaperiyar Dam dispute between Kerala and Tamil Nadu with specific reference to the two judgments delivered by the Supreme Court of India on the matter. This paper attempts to examine the arguments, facts, and the judgment of the Court on each of the primary issues raised during the course of the dispute. The first case was filed by the Mullaperiyar Environmental Protection Forum in 2001, wherein the Court adjudged the case in favour of the respondents, the State of Tamil Nadu. Consequently, due to certain developments, examined in the course of the second case, the State of Tamil Nadu filed a petition before the Supreme Court against Kerala in 2006 seeking relief for the actions on the part of the latter after the judgment in the first case. A Constitution Bench was constituted to adjudicate this case, which re-examined certain issues raised during the first case and conclusively laid down its decision in favour of Tamil Nadu.

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