Indian Journal of Law and Human Behavior

 The right of having fair trial that is identified as an international human right norm to support individuals against depriving or limiting freedom and their fundamental rights, is a general concept that important international and regional documents such as Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and The European Convention on Human Rights have predicted elaborately mechanisms to exercise this right and conditions to ensure them. Fair trail consists of judicial investigation and decision-making by a legal, independent, impartial and competent judicial authority and according legal regulations and with compliance with established safeguards for both parties. Some scholars have considered fair trial as a human right principle and as backbone of rights and procedural safeguards under which are principles such as impartiality and independence and equality of weapons and finally procedural safeguards will end up to fair trail. In practice, realization of this issue requires prediction of legal mechanisms. Article 10 of Universal Declaration of Human Rights in and article 14 of Covenant have predicted the fundamental right of having fair trial for all people. Islamic Republic’s constitution, however, hasn’t stated as explicit as the two above mentioned legal documents the right of fair trial for citizens, but provisions included in principles 32, 34, 35, 36, 37, 38, 39, 156 and 165 clearly suggest admission of this right as a basic principle that has been source of several rights. This article intends to investigate different aspects of Iran’s criminal policy regarding fair trial.

Keywords: Criminal Policy; Iran; Fair Trial; Component.

 The objective of the paper is understanding and appreciation of different aspects of the plea bargaining scheme in India with a view to test its justifiability as to its adoption and continuance in the justice system. This paper is purely doctrinal in nature and sources referred are books, journals, and articles addressing the subject, and other corresponding sources.

Keywords: Plea Bargaining; Criminal Justice System; Judicial Reform.

 International human rights law is a system of international norms designed to protect and promote the human rights of all persons. The most important substantive difference is that the protection of international humanitarian law is largely based on distinctions-in particular between civilians and combatants-unknown in international human rights law. it should be borne in mind that the Charter of the United Nations recognizes the protection and promotion of human rights as one of the fundamental principles of the Organization. In more general terms, military forces acting under the authority of the United Nations are expected to apply the highest standards in relation to the protection of civilians and are also expected to investigate and to ensure accountability for violations of international human rights and humanitarian law.

Keywords: Armed Forces; Human Rights.

Under the law, a woman means a female human being of any age. Our ordinary conception of a woman is a full grown female. In an old case decided by Bombay High court in 1912, it was held that the six year old girl is a women and later on in 1967, the Supreme Court in State of Punjab vs. Major Singh held that essence of a women’s modesty is her sex. Nevertheless from her birth, she possessed the modesty which is the attribute of her sex. In Madhu Kishwar vs. State of Bihar the Supreme Court of India opined that half of the Indian populations are women. Women have always been discriminated against and have suffered and are suffering discrimination silence. Self-sacrifice and Self-denial are their nobility and fortitude and yet they have been subjected to all inequities, indignities, and discrimination. Although women cover almost half of the population of the country yet they are the most disadvantaged group in our democratic set-up. They are not very much politically, socially and economically sound. A Latin maxim justitia non-novits patrem nec matrem, solam veritatem spectat justitia (justice knows neither father nor mother, but regards truth alone). In the present scenario the offences of sexual harassment and acid attacks on women’s are the most common and a heinous offence against them and it is treated as a social stigma too for them. So by this way the women’s who are the victims of such offences faced the two sided trauma i.e. physical as well as social too. So there is the need of proper implementation of laws and their rehabilitation and protection. This paper not only explains the legal provisions but also explains the various physical, sociological and psychological consequences which are generally faced by the victims of acid attack which makes their life worst. Efforts have been made to highlight the role of apex judiciary of India to deliver the real justice of acid attack victims. In the end of the paper the author had tried to give certain suggestions that might prove helpful in curtailing the perils of such attack.

 International law is developed to bring all nations in the world under one umbrella due to medieval constraints of sovereignty of the Nations have been diluted and it has voluntarily surrendered their jurisdiction to international law governing organizations. Since the traditional theory to international law is governed State alone its subject. This concept now is diluted and covered individuals and all international organizations under it. Due to shrinking of the world in trade related sectors such as rendering services to all nations through trade and services, now it emerged as trade rules under public international law. The aim of the article is to analyze the role of public international law in World Trade Organizations disputes settlement mechanism in particular and in turn to discuss a creation of rules in public international law, rules of WTO, relationship between the rules of public international law and WTO rules, the nature of WTO dispute settlement mechanism and its jurisprudence and dispute settlement mechanism in general.

Keywords: WTO; Dispute; International Law; Settlement; DSU.

 During 2014, major causes of suicides among farmers were ‘Bankruptcy or Indebtedness’ which accounted for 21.5% male farmers’ suicides. According to an Arjun Sengupta Committee Report, from 1995 to 2013 “nearly 3 lakh farmers have committed suicide in the last 15 years. About 60 per cent farmers are dependent on National Rural Employment Guarantee Act to survive, and an estimated 56 per cent farmers go to bed hungry. Another 78 per cent want to quit agriculture if given a choice.” Today, the agricultural sector has started marking the appearance of the corporate capital with an ambition to invest. But, there is no specific plans or policies to regulate the corporate entities in the sector. Further, there is no uniformity in the practices followed and under the existing framework, the regulation of the behaviours of such corporate entities to safeguard the interests of the farmers is not addressed.

Keywords: Farm Distress; Farmer’s Suicides; Corporate Capital; National Crime Record Bureau of India; Corporatisation of Agriculture.

 Women in general have been suffering from agony, distress, discrimination, apathy in every walk of their life even in modern times. The tormentor turns out to none but their own family, friends and fellow humans. The outside world is a stranger to them, as much as a foreign land. This is very true that if we go deep into India, we will find such glaring examples of discrimination against women that they are meant to be an item of decoration, child-bearing machine. There are a few temples in South India where women are denied entry. Women comprise 66 percent of the world’s illiterates and 70 percent of the world’s poor similarly suppression of women is very old and outdated trend of so called patriarchical society. Hindu Succession Act (Amendment 2005) has paved the way of equality which will be instrumental for upliftment and development of the status of women.

Keywords: Agony; Upliftment; Equality; Women; Reservation; Upanishad; Muddy-Politics.

 Marginalization as opposed to the mainstream is a form of deprivation of opportunities in terms of participation in social, economic, political, educational and cultural life. Upset with the marginalization and ill-treatment in Hindu society the dalits have been converted to several religions especially to Christianity and Islam. However, Religion is not the solution for the up gradation of status in society especially in Indian social context. This is learnt from the ever since demand for reservation in Scheduled Caste List by the Dalit Christians (DCs) and Dalit Muslims (DMs) in India by advancing argument that the mere conversion to a religion does not change their social and economic status. These combined communities cite many instances of social exclusions and marginalization within their own community and out-side the community in society. For which they are organising themselves to assert, argue and demand for social justice through the routes of reservation in the list of Scheduled Castes for which they belongs earlier to their conversion to Christianity and Islam. The movement for the demand was taking place ever since. However, the successive Central Governments are unable to carve out a concrete policy framework for addressing the demand. These communities have found an alternative route to justice for them through the judicial process. There are writ petitions challenging the 1950 Presidential Order pending before the Supreme Court of India. Earlier NDA Government clearly opposed move by citing many reasons. Frequently, the UPA government is adopting evasive methods to prevent a Court verdict on the issue. It sought several adjournments since 2005 and has adopted the tactics of constituting commissions and committees in response to the court’s order. Justice Ranganath Mishra Commission it had set up in 2005 submitted its report in May 2007, which was again referred to the National Commission for Scheduled Castes for further examination. Both the commissions are in favour of extending constitutional protection and guarantees to Dalit Christians and Dalit Muslims as available to their counterparts professing Hinduism, Sikhism and Buddhism. In this context it is important to note here that the 1950 Presidential Order was amended twice earlier in 1956 and 1990 to include Dalit Sikhs and Dalit Buddhist respectively. The present NDA government’s stand may not be changed of its earlier one. This paper attempts to examine the pros and cons of the reservation to DCs and DMs in SCs List and its impact on the current reservation policy.

Keywords: Marginalized; Dalit Christians (DCs); Dalit Muslims (DMs); Hinduism; Buddhism; Sikkism; Religion; Caste; Discrimination; Oppression; Social Exclusion; Reservation; Inclusive Policy; Social Justice.