Indian Journal of Law and Human Behavior

  Rape within marriage is one of the worst kinds of sexual violence when it is committed by the husband. Due to the patriarchal structure of the society the husband is always considered as protector of wife. The objectification of women within the institution of marriage does not give the husband a license to rape the wife. Rape is a rape whether within or outside the marriage. Marital rape yet not criminalized but raised the issues of dignity of women. This paper argues that criminalization of marital rape in India is necessary. This paper is an attempt to critically analyze the national and international  legislative framework related to marital rape.

Keywords: Rape by Husband; Marriage; Criminalization.

  In this era of globalization, transnational corporations (TNCs) have been able to grow manifold. Their number and their power have increased over the course of time, after the free market economy has come into existence. At present, these corporations are majorly responsible for the Human Rights abuse and environment degradation. It can be easily noticed that, post the Second World War, the phenomenon of transnational corporations (herein referred as TNCs), have emerged and taken over the world economy completely. The issue of whether TNCs could be treated as the subjects of international law has evoked a great deal of doctrinal controversy. The traditional positivist doctrine deems only States as the subject matter of international law. Over the years, there has been a trend to argue for inclusion of TNCs within the purview of international law to bring in some accountability to their actions. 

Keywords: Accountability; Transnational Corporations;
Corporations; Environment; Pollution; Law; International Law; Court;
Human Rights; Norms; Globalization.

  In spite of all kind of development the practice of open defecation is widespread in India. The problem of open defecation, poor sanitation and public health are important governance issues in developing country like India for ensuring human development index. The problem of poor sanitation has also significant impacts on the safety, well-being and educational prospects of women. The lack of access to a clean, safe toilet, especially during menstruation perpetuates risk, shame and fear. The most important factor is that the state does not provide adequate access to safe, secure and hygienic sanitation facilities to every household of the semi urban and rural areas. The abhorrent practice of open defecation has an important. gender dimension given the incidents of violence against women. The abhorrent practice of open defecation has an important gender dimension given the incidents of violence against women which includes sexual harassment, molestation, rape etc. The international human rights instruments appear to be quite potential in ensuring the enjoyment of many basic human rights including sanitation in post 2000 developments. In pursuance of this broad objective, the Government of India started number of initiatives in recent past in rural and urban context such as Total Sanitation Campaign (TSC) and National Urban Sanitation Policy, 2008. Further, the existing legal regime governing open defecation and sanitation are relatively inadequate in India. As far as the gender aspect is concerned, the problem of violence against women very much linked with the problem of open defecation and sanitation. Therefore the existing legal framework partly deals the issues in context of criminal laws. Under this background the present article wishes to analyses the law and policy framework at international and national level relating to sanitation in order to guarantee the right to safety and security of women.

Keywords: Defecation; Violence; Total Sanitation Campaign (TSC);
National Urban Sanitation Policy.

  In this era of digitalization as well as Information and Communication Technology (ICT) where there exists innumerable flow of data, the part played by issues connected with data privacy plays a crucial role. The very question relating to the conception of privacy in Indian context is not clear, nor there is any clear definition of ‘personal data’ anywhere in the jurisprudence. The conception also could not be made clear even by studies of the Constitution of India since in so many words it has yet not dealt with “right to privacy”. However, different cases in Supreme Court and High Courts of the States always observed that “right to privacy” should get place in a univocal form in the Constitution of India. This study has taken a holistic attempt to elucidate the meaning of privacy through different angles and perspective and discussed how the authority has gained competence to enact laws relating to data privacy like IT Act 2000 and gave a detail insight mentioning judicial references as to how privacy has become close to not only sense of Article 21 of the Constitution of India but also throughout the entire Part III of the Constitution of India. This study also discussed IT Act, 2000 with its amendment relating to privacy issues including discussion of latest full bench judgement regarding right to privacy followed by providing a recommendation to be followed for ensuring privacy protection. The study is ended with a meaningful concluding remark. 

Keywords: Data Protection; Fundamental Rights; Human Behavior;
Personal Data; Privacy.

  Courts and court procedure exercise great fascination for the general public and, with the increasing complexity of our societies, most of us find ourselves taking recourse to the courts at one time or another in our lives. Today the administration of justice is not confined to traditional civil and criminal courts. During the last half century or so, a large number of tribunals, commissions, etc. have come into existence which dispense justice in various types of disputes and grant relief that is not available in the traditional courts. These include, for example, the Monopolies Commission, Consumers Courts, etc. One of the important characteristics of civilized societies is how their inhabitants settle disputes peacefully. Where there is peace, there is progress. If people get justice, they will remain content. If they fail to get justice, they will revolt. A plausible combination of analytical and doctrinal research has been followed as methodology in order to give a proper shape to this article. Analytical research is involved in-depth study and assessment of available information as an attempt to explain complex phenomenon. Here, the author has used facts or information already available and analyzed these to make a critical consideration of the facts. The purpose of this article is mainly to place India’s present day judicial system and its history before the general public in simple language and to acquaint ordinary people with the civil, criminal, and other courts and tribunals. The author has attempted here to give a picture of the Indian judiciary-its evolution, as it exists today, and its various functions from the perspective of Indian mythology. The article does not trace the evolution of civil or criminal law or procedure; rather it looks at the development of the judiciary in India from ancient to modern times. This article is meant for lay persons. The author has tried to present the information in simple, accessible language, while retaining its authenticity. There is a great deal of criticism these days on the functioning of various courts, the inordinate delays, the high costs of litigation, the honesty and integrity of judges, lawyers, and the officials/staff of the courts, as well as of political interference in the judicial process. The author has refrained from joining the chorus except pinpointing such complaints in the concluding remarks. 

Keywords: Administration of Justice; Indian Mythology;
Administration of Law.

  The civilization has passed through several developments among which are the concepts of consumer and consumerism. Consumer is a person who is used to consume or buy the goods and services for himself or for his/her family in a marketplace. When marketers started to exploit the consumers, the consumer developed themselves into consumerism which is movement for supporting the interest of the consumers organized in a small group initially and in a large-scale setup in modern marketplace. The plights and exploitations of consumers increased more and more in their quantity and gravity since from physical market to virtual and e-market or online market. The online markets added more plights of the consumers for which consumers are suffering with multiple problems for redressal of their grievances as national physical boundaries are no more relevance and outside the purview of online transactions. The jurisdiction of national rederessal mechanism is not possible to overcome the online transactions. The Consumer Protection Act, 1986 needs to address such anomalies challenged by the online transactions. This paper examines the aim and objectives of the Consumer Protection Act, 1986 and makes some field based study of Bidar District of Karnataka in respect of agency meant for protection of consumers i.e., Bidar District Consumer Redressal Forum.

Keywords: Civilization; Consumer; Consumerism; Physical
Market; Online Market.

  Consumer and consumerism stands unequivocally similar but appears to be differing in their basic degree of application. Consumer is a person who buy the goods and services for consumption and no one is outside the purview of consumer it means each one us will be one or other way we are consumers. Whereas, the consumerism is a movement of civil society including the consumers to assert better protection against the unscrupulous sellers. Man has passed through several ages and found civil society where he started to produce more ushering itself into industrial society and attracted with more consumption. The same has been put forth by Victor Lebow a great economist in 1955: “Our enormously productive economy demands that we make consumption our way of life, that we convert the buying and use of goods into rituals, that we seek our spiritual satisfaction and our ego satisfaction in consumption. We need things consumed, burned up, worn out, replaced and discarded at an ever-increasing rate.” More and more production leads to more consumption wherein an increased development of relationship of buyer and seller leads towards exploitation by the seller and assortment of buyer for better protection in the marketplace. Modern states came out with their own regulations in the form of legislations governing the relationship of sellers and their consumers. Government of India has legislated an enactment the Consumer Protection Act in 1986 which assures better protection of the interest of the consumers. This paper examines the aim and objectives of the Consumer Protection Act, 1986 and makes some filed based study of Kalaburagi District in respect of agency meant for protection of consumers i.e., Kalaburagi District Consumer Redressal Forum.

Keywords: Consumer; Grievances; Interest; Protection; Welfare.

  Cities in India have witnessed a phenomenal growth in the last 2 decades both in population and number of vehicles. Population growth in cities is mainly attributed to migration of people in search of better employment, opportunities, whereas the increase in vehicular population is attributed to absence of efficient, comfortable and reliable public transport system. Bangalore is no exception to such phenomena. “The level of urbanization in Karnataka as per the census has growth coupled with increase in household income and increase in commercial and industrial activities has placed heavy demands on urban transport system of the State, a demand that many cities have not been able to meet. As per Wikipedia, in 2011-12 Karnataka had 182 registered motor vehicles per 1000 population which is about 1 per 5 persons. Such huge number of vehicles in the cities cause increased traffic jams, congestions and air pollution. The average speed of the vehicles in Bengaluru city is less than 10 KMs per hour. As on 2016, the vehicle number has increased to 67 lakhs “ 

Keywords: Air Pollution Issues in Bengaluru City; Current Status and Trends.

  Breastfeeding gives to baby the right nutrients and may protect baby against some illness. Breast feeding is the cheapest source to provide energy to newborn child. Breastfeeding, also known as nursing, is the feeding of babies and young children with milk from a woman’s breast. Objective: To compare the knowledge regarding expression and thawing of breast milk among working and non working lactating mothers. Methods: A systematic literature review was conducted. The literature includes last 5 years data. The literature reviewed was obtained through different database includes CINHAL (Cumulative index to Nursing & Allied Health Literature), MEDLINE (Medical Literature Analysis & Retrieval System Online), PubMed, ScienceDirect, SpringerLink, ProQuest & Google scholar.

Result:Majority of mothers are not aware about expression of breast milk from their breast. A well planned educational program is needed to sensitise the working and non working mother regarding thawing of breast milk.

Conclusion: Expressed breast milk is important for children who are not able to suck breast milk properly. All the mother should have basic knowledge about expression and storage of breast milk. 

Keywords: Expression of Milk; Breast Feeding; Storage of Milk;
Newborn Protection; Lactating Mothers.

  Judiciary in India has always played a laudable role in eradicating social evils, and to bring social justice to masses. The Supreme Court of India has devised various ways like epistolary jurisdiction, relaxing locus standi principle, allowing public interest litigation and has played pro-active role for bringing justice to every doorstep. Through various cases, several guidelines have been provided by the Apex Court to curb corruption. This paper discusses the important judgments of the Supreme Court relating to corruption and the related aspects. 

Keywords: Corruption; Judiciary.

  The present article assesses the dynamics of Indian legislative system towards ensuring Right to health of children, since independence, through various legislative initiatives, making policies and launching programmes, so that a healthy, safe and secured environment can be build-up, which is required for physical, mental and psychological development of children. Although the term ‘Child’ is not specifically defined in the Indian Constitution and is depends upon the purpose and activity, but ensuring Right to Health, which is primary responsibility of every Government, for all children is always emphasized on priority. The legislative initiatives launched towards issues of health of children in different National Five-Year plans, since 1951, and different policies and programmes shows the priority and significance of the issues. It is evident from the discussion that the Indian legislature is serious regarding the health status of children.

Keywords: Constitution of India; Right to Health; National FiveYear Plans; National Policies.

The purpose of this study is to examine and analyze the criminal policy in the handling of social conflicts and the effort to build community participation in the settlement of citizen brawl between villages / district (Case Study of Citizen brawl in Wonosobo District). Approach method in this research is juridis-sosiologis. The data used are primary data and secondary data. Data analysis is descriptive analysis. The results of the study found that the criminal policy in handling social conflicts through the concept of Community Policing was then standardized on October 13, 2005, through the Decree of the Chief of Police. Pol. Kep/737/X /2005 where Community Policing is a policy that must be implemented by all Police. Polmas or community police is a new paradigm to make the Police as guardian, protector, and public servant. The idea of Polmas in Indonesia emerged by referring to similar programs in other developed countries such as Japan, Australia, the United States, and Britain. Polmas was developed as an alternative, because during this time the police tend to see themselves as the holder of authority and the police institution is viewed solely as a tool of the state. This causes the police tend to approach even repressive power in carrying out the task. Toward the end of the term of office, in 2008 Chief of Police Sutanto updated the regulation on Polmas with the Regulation of Chief of Police Number 7 of 2008 on Basic Guidelines and Implementation of Community Policing in the Implementation of Polri Duties. 

Keyword: Criminal Policy; Citizen Brawl; Wonosobo Regency.

  The purpose of this research is to explain and analyze about zakat management practices in Indonesia, the weaknesses in zakat management, as well as efforts to reconstruct zakat management system for poverty alleviation in the perspective of Islamic law. This research uses constructivism paradigm and is a kind of sociological law research. The approach method used is sociological jurisdiction. The specification of this study is descriptive analysis, which is expected to  provide a detailed, systematic, and comprehensive picture of the object to be studied. The data used in this study are primary and secondary data, ie data obtained through interviews and from library materials collected through literature study, which is then analyzed qualitatively. The results showed that: (1) The practice of zakat management in Indonesia based on al-Qur’an, Hadith, and ijtihad, which is then described in Law No. 23 of 2011. The implementation of zakat management nationally implemented by BAZNAS(National Zakat Bodies), which in carrying out its duties and functions the BAZNAS can form LAZ and UPZ. In practice, however, the public is more likely to entrust the payment of zakat to the person (who is the figure / cleric in the region) rather than the government-sponsored institution. (2) Weaknesses in zakat management practices are: (a) law, namely weakness found in an article in Law Number 23 Year 2011; (b) weaknesses in the legal structure, ie the management of zakat that is less systematic, and (c) weaknesses in the field of legal culture, namely the lack of public awareness for zakat; (3) Reconstruction of zalcat management for poverty alleviation based on Islamic law perspective can be done by: (a) taxpayer deductions to the zakat’s zakat-funded amateur bodies and sanctions for non-zakat Muslims, (b) strong zakat
institutions in accordance with the principles of good governance, and (c) empowerment of government, religious and community leaders to promote socialization to the community.

Keywords: Zakat Management System; Poverty and Islamic Law.

  Background: Alcohol consumption has been constantly increasing around the world including India. Alcohol use affects individual, family, society and country in many aspects. Spouses of alcoholics suffer in all dimensions of health and are usually ignored.

Aims: The present study was designed to study the anxious status of wives of alcoholics, their socio-demographic details and alcohol use disorder among husbands; and to find out the association between these factors
with anxiety status of wives of alcoholics.

Methods: This is a hospital based cross sectional study conducted among the wives of the husbands of alcoholics attending the deaddiction centre of Department of Psychiatry at a tertiary care teaching hospital. With help of structured proforma, socio-demographic details of the subjects were collected. Anxiety status of wives and alcohol use disorder among husbands were collected using HAMA-A and AUDIT questionnaire respectively. EpiInfo and SPSS software were used for data entry and data analysis respectively. Chi-square test and Pearson’s correlation were used. Results: Most of the study subjects belong to 35-44 years of age (50%), studied up to middle school (58.8%), employed (70%), belong to lower middle SES (62.5%), Hindus (87.5%) and lived in nuclear family (81.3%). AUDIT showed 47.5% of their husbands were at very high risk for alcohol use disorder. Based on HAMA scoring tool, we found that 13.8% of the wives had severe anxiety disorder. Physical abuse, duration of alcohol consumption, and increased risk to develop alcohol disorder among husband were significant determinants of anxiety disorder among wives.

Conclusions: Identified risk factors can be used to screen the wives of alcoholic husbands to initiate intervention services like resilience development strategy along with the treatment of husbands.

Keywords: Anxiety; Alcohol Dependence; Spouses; Screening.

Chronic alcohol consumption causes early atrophy of gray matter in frontal, parietal, limbic system and cerebellum. Hence, alcoholics are more prone to develop common psychiatric conditions such as major depressive disorders, bipolar disorders, anxiety disorders, psychosis and dissocial personality disorder. So this study is done to determine the prevalence of psychiatric co-morbidity occurring in alcohol dependent patients. The existence of co-morbidity seems to influence the pattern and severity of drinking thereby adversely affecting the prognosis and treatment outcomes. Identifying the comorbid conditions helps to better outcome. 

Methods: 100 patients admitted as inpatients diagnosed with Alcohol Dependence Syndrome under the Department of Psychiatry from August 2014 to November 2015 were included in this study. Socio-demographic data were filled in a semi-structured proforma for all subjects meeting the inclusion criteria. They were administered the MINI PLUS and IPDE Questionnaires to elicit the presence of any Axis I and Axis II disorders respectively. 

Results: In this study consisting of 100 ADS patients, more than half (56%) of the patients were diagnosed with psychiatric co-morbidities. 92% of the alcohol dependent patients in the study were literate. 70% of the patients in the study started consuming alcohol at a very young age. 40% of the group was drinking for one to two decades. Among the psychiatric illnesses 27% suffered from affective spectrum disorders that are, 10% had bipolar mood disorder, 8% depressive illnesses, 8% hypomania, 8% dysthymia and 1% anxiety disorders, followed by 12% in the psychotic spectrum, that is, 6% had psychosis, 4% had delusional disorder and 2% had schizophrenia. Among all individual diagnosed with Axis II disorder (i.e., 38% of the ADS patients), 68.42% of them showed Dissocial personality disorder. 

Keywords: Alcohol Dependence; Psychiatry Co-Morbidities.

The purpose of this study is to assess and analyze the legal protection practices towards creditors holders of mortgage with the object of Building Utilization which has expired the period before the credit agreement is due, the weakness in the practice of legal protection as well as reconstruct the practice of legal protection against the mortgagee creditor Building Rights object that has been the end of its term before the credit agreement is due based on the value of justice. The research methodology used in this journal is Constructivism with approach method was sociological juridical or socio-legal. The results of this study found that the reconstruction of the value of legal protection against the creditor holding the mortgage with the object of Building Use Right before the due date based on the value of justice is to protect the interests of creditors and debitors in a balanced form: (a.) If the debtor wants to extend the Building Use Rights then the credit agreement is extended. (b.) if the debtor does not extend their Building Right title carried out the sale and purchase of collateral in parate execution. Thus the reconstruction of the law on the provisions of the law that regulate the right of Dependent especially in Article 4 of Law No. 4 of 1996.

Keywords: Legal Protection; Mortgage’s Holder Creditor; Payment
Due; Justice.