Indian Journal of Law and Human Behavior

India’s most polluted cities are Kanpur, Varanasi, Patna, Gaya, Delhi, Mumbai, and Chennai. According to World Health Organization (WHO) global database (2016), Kanpur is the most polluted cityin the world, followed by Faridabad, Varanasi, Gaya, Patna, and Delhi. Many manufacturing industries, textile mills and laboratories are responsible for air pollution in Kanpur city. However, Delhi has the highest concentration of dust particles in the air i.e., 700 µg/m3, among metropolitan cities of the country. Ahmedabad has a number of cotton mills, which are primarily responsible for air pollution. The world’s most polluted fourth megacity is Mumbai. The ChamberTrombay region of Mumbai has a majority of industrial units, which has dust particle concentration and PM10 levels of 238µg/m3and 104 µg/m3in the atmosphere. Vehicular pollution is the second major contributor to air pollution after industries. According to a WHO report, 92% of world’s population breathe in polluted air as per the WHO global database as depicted in Air pollution is the greatest environmental risk, which affect health of human and other living creatures. Epidemiological evidences have suggested that cases of health problems due to air pollution are rapidly growing. Air pollution can be controlled and many cities have succeeded in their attempts to control air pollution. Countries like England, Singapore and China have initiated strict action in order to control air pollution due to vehicular transport, such as banning 15 year old vehicles for transportation purpose. In India, Delhi and Mumbai have adopted the same strategy to control vehicular air pollution due to the fact they are the worst case scenarios. Karnataka Government has also supported the scrapping policy of vehicles more than 15 years old. Diesel vehicles more than 15 years old, used for public transportation are banned in Bengaluru city while Karnataka Government has opposed the same ban in case of private vehicles. In spite of this, transportation agencies hardly adhere to this rule. Moreover, Bengaluru requires 8700 traffic police personnel in order to manage the increasing vehicular population. However, Karnataka Government has sanctioned only 3,594 posts in Bengaluru city, out of which only 3090 are filled and 504 posts are still vacant.The city still requires more than five thousand traffic police in order to manage vehicular population (CiSTUP, 2016; Dev A. 2016). In India, vehicular emissions are primarily controlled by establishing and enforcing vehicular emission norms, inspecting and maintaining systems (IMS), applying traffic and congestion management, use of cleaner fuels, awareness programs, and using public transport. Poor urban  planning has led to increased requirement for private transport, which plays a significant role in increasing pollution due to vehicular emissions. Bengaluru city has a population of 11 million, which officially has seven million registered vehicles and has the second largest vehicle population after Delhi. The present vehicular population is 6.72 million in Bengaluru, majority of vehicular population is contributed by two wheelers that accounts for 4.65 million vehicles, i.e., 70% as compared to other transport vehicles such as 0.13 million taxis, 1.35 million private cars and the remaining 0.17 are autorickshaws (The Economic Times, 2017). Vehicular air pollution may lead to health issues, either due to short orlong term exposure to different pollutants such asparticulate matter, ozone, nitrogen oxide, and sulphur dioxide.

Keywords: When You can’t Breathe; “Nothing Else Matters “  

  Transgender are human beings like us made up of with flesh and blood however then also there is a significant lack in understanding of these people as like other prime gender people male and female, they are facing lot of discrimination in the society as well as in the eyes of law. Transgender persons are most marginalised groups in Indian society due to their gender identity and gender expression and they face numerous barriers especially when accessing their health issues, housing, education, employment opportunities, immigration, law, and other opportunities or resources as we are enjoying. Transgender are one of the LGBT individuals they were easily not allowed in public places like restaurant, parks, railway station, bus stands etc., as one among us if allowed nobody want to talk with them, in total we can say they will treated as aliens I mean to say they were treated very badly by using abused words, in total they were ill treated. Transgender live at the margins of the society with very low status. They get their income performing at the ceremonies, begging and through sex work. Due to sex work they face lot of health problems like HIV/ AIDS. We need some strong developments for eliminating this historical discrimination and exclusion towards these community people and ensuring that they are accepted by the society and make sure that they should also come to the mainstream and enjoy all rights how we are enjoying.

Keywords: Transgender; Issues; Rights; LGBT; Status; Discrimination.

  Sexual harassment in the workplace is a form of discrimination which has been universally and unambiguously prohibited by a plethora of Laws. However, it is left to judicial interpretation to determine its scope. This situation is worsened where there is no explicit definition of discrimination under the Labor System of a jurisdiction. Completely borrowing from International Treaties and subsuming Employment Law under the Constitution will make such rights illusory and insignificant. Thus, this paper seeks to examine the arduous efforts initiated in the judicial systems of Nigeria and India, in particular how these have impacted on both Societies. To address the research questions formulated, cases, rules, legislation and relevant literature from both countries were examined. The study concludes that Comprehensive domestic legislation is wanting in Nigeria while consistent diversified awareness measures are required in India.

Keywords: Comparative Study; Discrimination; Human Behavior; India and Nigeria; Judicial Impact; Sexual Harassment at Workplace.

  ‘Use of force’ has been the most debatable topic in international law. The principle has been practiced in international relations for a long time and is directly associated with the sovereignty of states and states employ all possible ways to protect it. The international community needs to limit and regulate the use of force in order to secure harmonious and mutually beneficial co-existence. Lack of mutual trust among the nations has been one of the foremost reasons for ‘use of force’. The UN Charter is the primary instrument guiding the use of force in international relations. There are two views for the ‘use of force’ in international relationsrestrictive and permissive. Under the UN Charter, as per the restrictive view, there is a total ban on the use of force except for two cases, i.e selfdefence under Article 51 and enforcement action under Chapter VII of Charter. As per the permissive view, States are allowed to use force under situations like regime change or for humanitarian intervention. The United States of America in its war against terrorism has adopted preemptive self-defence policy. The present paper highlights the current legal regime for the use of force and seeks to analyse the recent developments and their influence on the legality of use of force by states. It tries to find an answer to what are the boundaries for ‘use of force’ under the UN Charter. An attempt has also been made to discuss in brief the Israel-Palestine conflict. 

Keywords: Use of Force; Pre-Emptive Force; Armed-Attack; Humanitarian Intervention Self-Defence.

  Implementation of Food standards to ensure Food safety is a serious public health concern in the world especially in countries like India. The challenges of feeding a large, geographically dispersed population, millions of whom are poor and malnourished, are immense. This has led to the proliferation of illegal, dishonest, and bootleg suppliers and slipshod government policies. The results are detrimental to public health, particularly for vulnerable communities. These crises further compromise international perceptions, indicating poor governance, weak political will, inadequate policies and lack of enforcement. The path to development is not exclusively about economic growth, jobs, and infrastructure. Clear and consistent food regulatory policy, and their implementation are both imperative for growth and the inherent responsibility of responsible and progressive governments. Food scandals have plagued India for decades. The case of Nestlé’s Maggi instant noodles has thrust the issue of food safety into the national political spotlight. Additives such as monosodium glutamate (MSG), which some consider a possible health concern, have been detected in Maggi noodles, although  the company has consistently denied using such additives. After the Food Safety and Standards Authority of India (FSSAI) discovered unhealthy levels of lead in the noodles, FSSAI banned Maggi.

Keywords: Food Law Regime; Monosodium Glutamate; FSSAI.

  Counter-speech has emerged as a first-aid response of the civil society to the burgeoning and ever-changing forms and means of hate speech. Its appeal is enhanced by the fact that it is able to go beyond the rigours of law and legal framework to counter the harmful effects of hate speech. This paper discusses the initiation of such an approach in the Indian system in which counter speech has been very recently employed by the State authorities and other agencies to advocate for action against widespread hate. The aim is to explore and understand the ways and means in which counter-speech has been employedwithin either State systems or policies to the best advantage of all the actors involved in today’s pluralistic and global society. 

Keywords: ‘Hate Speech’; ‘Counter Speech’.

  Corporate personality has been described as the “most pervading of the fundamental principles of company law”. It constitutes the bedrock principle upon which company is regarded as an entity distinct from the shareholders, it gives an independent corporate existence.Lifting or piercing the veil is corporate laws most widely used doctrine to decide when a shareholder and members will be held liable for obligations of the corporation. Lifting the veil doctrine exists as a check on the principle that, in general, investor shareholders should not be held liable for the debts of their corporation beyond the value of their investment. The doctrine of corporate veil serves as a secured system in protecting inner functions, however it’s not rigid it can be lifted when there is a proven allegation on the company and its functions. The corporate evil is said to be lifted when
the court ignores the company and concerns itself directly with the members or the managers. This paper talks about characteristics of corporate personality and effects of lifting the corporate veil.

Keywords: Corporate Personality; Corporate Veil; Bedrock Principle; Pervading Anddoctrine.

  Background: It is a well known fact that majority of patients with schizophrenia use substances. Interrelationship between schizophrenia and substance use is complex & multifactorial. Patients with both schizophrenia & substance abuse pose a major clinical challenge to mental health professionals as it is associated with higher frequency of relapse. Aims: To identify the pattern of substance use in patients with schizophrenia, to correlate substance use in schizophrenia with various socio-demographic variables and to assess the relationship between the duration of schizophrenia and pattern of substance use. Method: 104 schizophrenia preceded substance use subjects attending both outpatient and inpatient department of Masina Hospital, Mumbai were included in the study. Demographic data was collected in a semi- structured proforma and substance use is assessed using Schedules for Clinical Assessment in Neuropsychiatry (SCAN) version-2.1. Obtained data was subjected to statistical analysis. Results: In our study, mean age of the patients was 35.02±8.84 years, predominantly males (68%), majority of them had not completed their high school (70%) and 57% were unemployed. Two-third of the subjects were from urban area and 49% lived in nuclear family. The most common substance of abuse was found to be tobacco (67%), followed by Alcohol (39%) and 44% of them had harmful use, 38% had occasional use of substances and 18% had dependence syndrome. Belonging to age group of 50–60 years, being unemployed, living in nuclear family and being divorcee were associated with using more than one substance.The most common reason of substance were boredom related (51%), to decrease psychotic symptoms (33.6%) and to decrease medication related side effects (23%). 52% of the subjects had up to 2 hospitalizations, 21.15% had 3-5 hospitalizations, 23.1% had 5-10 hospitalizations and was significantly associated with pattern of substance use. Conclusions: Problem use of drugs and alcohol by people with schizophrenia is greater than in the general population and is known to worsen the prognosis. This warrants proper evaluation, diagnosis and integrated service to tackle dual diagnosis patients holistically to ensure favorable outcome of this dual diagnosis.

Keywords: Schizophrenia; Substance Use Disorders; Tobacco; Dual Diagnosis.

  The study was conducted to identify the personality traits required in a person to become a successful advocate and also to study the relative worth of the select personality traits by knowing the perceptions of the sampled advocates. The study was conducted at the District Bar Association, Silchar, Assam. Survey methodology was used in the study for achieving the objectives. And statistical tools like mean score, rank and standard deviation was used in the study. The study revealed that traits viz., responsible, arguing capacity, careful, disciplined, punctual, loyal, logical, ethical, reasonable, confident, determined, patient, communication skill, analytical & oratory are the most important traits to be present in an advocate to become successful.

Keywords: Personality; Traits; Advocates; Survey Methodology; Ranking; Assam.