Indian Journal of Law and Human Behavior

Emergency provisions are a set of provisions in the Indian Constitution that are designed to protect the nation’s integrity and its people during times of emergency. Emergency provisions are an essential part of the Constitution of India. The Constitution of India is a living document that is designed to protect the country and its people in times of emergency. These emergency provisions are a proof that the founders of the Constitution were well aware of the need for emergency powers in the event of an emergency.This is why it could be perfect to say that Part XVIII is an innovation in Indian Constitution.

Federalism is a system of government in which power is divided between a central authority and various constituent units, such as states, provinces, cantons, etc. Federalism allows for diversity and autonomy of the sub-national units, while also maintaining a common national identity and interest. Different countries have adopted different models of federalism, depending on their historical, political, and social contexts. India is a federal republic with a parliamentary system of government. The Constitution of India, adopted in 1950, provides for a division of powers between the Union and the States, with a concurrent list of subjects on which both can legislate. The United States of America is a federal republic with a presidential system of government. The Constitution of the United States, adopted in 1787, establishes a federal system of checks and balances between the executive, legislative, and judicial branches of the federal government, and the states. The Constitution also grants certain powers and rights to the citizens, such as the Bill of Rights, which limit the authority of the federal government.  Canada is a federal parliamentary monarchy with a constitutional system of government. The Constitution Act, 1867, formerly known as the British North America Act, 1867, created a federation of four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick. The Constitution Act, 1982, patriated the constitution from the United Kingdom, and added the Canadian Charter of Rights and Freedoms, which guarantees the rights and freedoms of the people. Canada has a bilingual and multicultural society, with two official languages (English and French) and a recognition of the rights of the Aboriginal peoples.  Australia is a federal parliamentary constitutional monarchy with a Westminster system of government. The Constitution of Australia, adopted in 1901, established a federation of six states and two territories. The Constitution also outlines the roles and responsibilities of the executive, legislative, and judicial branches of the federal government, and the states. Australia has a common law system, with the High Court of Australia as the final court of appeal.  Switzerland is a federal semi-direct democracy with a directorial system of government. The Constitution of Switzerland, adopted in 1848, and revised in 1999, defines Switzerland as a confederation of 26 cantons, which have a high degree of autonomy and sovereignty. The Constitution also provides for a system of direct democracy, in which the people can initiate or reject laws through referendums and popular initiatives. Switzerland has a multilingual and multicultural society, with four official languages (German, French, Italian, and Romansh) and a recognition of the diversity of the   cantons.Thispaperwillendeavor to discus s,analyze,andcomparethesystemoffederalismindifferentcountrieswith respect to India and this doctrinal research will focus on the system of governance in the mentionedcountries.

Armed conflict has profound and often overlooked environmental consequences, which can have long-term effects on ecosystems and human populations. This study explores the concept of “eco-warfare,” focusing on how military activities, including the use of chemical weapons, landmines, and deforestation, directly and indirectly impact the environment. , This Paper highlights the destruction of natural habitats, contamination of water resources, and loss of biodiversity resulting from warfare. The study also delves into the role of legislation, international environmental laws and treaties in mitigating these impacts, assessing their effectiveness and proposing strategies for better enforcement. Through this exploration, the paper aims to raise awareness of the critical need for integrating environmental considerations into conflict resolution and post-war recovery efforts, ultimately advocating for more sustainable approaches to both warfare and peace building.

All human endeavours to prevent the extinction of wild animals fall under the category of wildlife conservation. It entails the prudent management and preservation of untamed species within their natural habitat. Natural actions have caused the extinction of certain species. The human race has benefited from human progress throughout history, but wildlife has suffered as a result. The development of highly advanced weaponry, industry, urbanisation, and even population growth have all contributed significantly to the depletion of our abundant resources. The activities that we consider to be indicative of human progress include hunting, forest cutting, draining marshes, and damming rivers for industrial use and irrigation. The natural habitats of our wildlife have been severely diminished by these activities, and many species are now threatened or on the edge of becoming extinct. In India, environmental protection is governed by fundamental law. The Indian constitution protects everyone’s right to live in a clean environment free from pollution. Rules and regulations may require a lot of effort to implement and enforce, even if they are sound. Because of how carelessly humans utilise the environment, the sustainability of the Earth is in jeopardy. Therefore, protecting the ecosystem is crucial. As a result, every nation creates rules in addition to guidelines to protect its distinctive national environments. Our religious and cultural traditions place a high value on wildlife. There is much to be desired in the way we treat animals, especially numerous endangered species. It is recognised that protecting wildlife is nearly necessary for animal survival as well as animal well-being. Long after independence, environmental concerns about the flora and fauna came to light due to the growing loss of animals. This article addresses the judicial involvement in biodiversity and wild life conservation, as well as the measures for protecting wildlife that are established in numerous laws and citizens’ constitutional mandates<

Custodial violence against scheduled castes and scheduled tribes is a serious concern in Indian society since it runs counter to the notion of social fairness. This scenario persists despite national laws, several human rights accords, and judicial standards as well as international law. Given the seriousness of the situation, it is vital to examine the threat from several perspectives in order to find a workable solution. The notion of Custodial Violence in India is examined in this research from a social and legal standpoint, with particular emphasis on SCs and STs. It makes the case that communities with less strength are more prone to become victims of such crimes. The exhaustive criminal law of the country provides for an array of provisions to safeguard the individuals, in the substantive law and by providing for procedure that prevent the police officials from arbitrary exercise of their power. With respect to the violence against SCs/STs, special legislations and provisions were enacted many years ago. On an international level, custodial violence has been seen as a matter of basic human right violation. Another important area through the issue has to be analysed is the role of judiciary in curbing the issue. The Apex Court in its judgments declared that any form of torture or cruelty, would be offensive to the dignity and constitute an inroad into the right to life of an individual through a plethora of judgments

As time goes on and women’s roles in the family, society, politics, and economics expand, violence against women rises daily throughout the world. India is not exempt from this. The root cause of violence against women and girls is unequal power relations between men and women, which is a result of our society’s patriarchal framework. Gender roles dictate a strict division of labour, with women excluded from performing most reproductive tasks such as parenting, household upkeep, general labour, helping the elderly, etc. If a woman commits a rape that violates the socially acceptable rules and circumstances of conduct, she will be condemned and judged by society. Consequently, any direct or indirect family member abuse of a woman includes financial, emotional, physical, marital, and sexual abuse. There is a link between skill development initiatives and domestic violence in developing India. When women endure economic hardship as a result of domestic abuse, they feel compelled to take action to improve their life and the lives of their children. State governments and the centre for economic empowerment implement policies to protect women from economic hardship. In developing India, skill development programs for women’s empowerment are vital to women’s lives. In India, several skill development programs are managed by “The National Skill Development Corporation” (NSDC), which also includes trade testing, apprenticeship training, polytechnics, the “Pradhan Mantri Kaushal Kendra,” the skill loan program, and skill development for minorities.

The legal profession is guided by a set of ethical principles and standards that serve as the foundation for maintaining the integrity of the judicial system and upholding the rule of law. However, the ever-evolving landscape of legal practice, coupled with the complexities of modern society, has given rise to numerous ethical challenges that require a comprehensive understanding and practical application of legal ethics. This comprehensive exploration delves into the intricate relationship between legal ethics and the legal profession, examining the historical underpinnings, theoretical frameworks, and practical implications of ethical decision-making in the legal realm. Through a multidisciplinary approach, the article investigates the philosophical foundations of legal ethics, drawing insights from moral philosophy, jurisprudence, and professional ethics. The Article endeavors to provides an in-depth analysis of the various ethical codes and regulations that govern the conduct of legal professionals, including attorneys, judges, and legal support staff. It examines the ethical obligations and responsibilities that arise in different areas of legal practice, such as litigation, transactional work, and alternative dispute resolution. Additionally, it explores the unique ethical challenges faced by legal professionals in specialized fields, including criminal law, family law, and intellectual property law. Furthermore, the article addresses the impact of emerging technologies, such as artificial intelligence and digital evidence, on legal ethics and the implications for the profession’s adaptation to these technological advancements. It also explores the role of legal education in instilling ethical values and fostering a culture of integrity within the legal community.  By bridging the gap between theory and practice, this book equips legal professionals with the necessary tools and insights to navigate the ethical complexities of their profession. It serves as an invaluable resource for law students, practicing attorneys, judges, legal scholars, and anyone interested in understanding the intricate interplay between legal ethics and the legal profession.

Children are our nation’s most valuable resource, and everyone has a duty to make sure kids live in a safe environment. Though, in a developing nation like India, the rate of juvenile crime has significantly increased during the last decade. In recent times, Juveniles were found to be involved in most heinous of the crimes such as murder, gang rape etc. Juveniles have got serious forms of delinquent behaviour which may hamper the stability and social command of our society. The National Crime Records Bureaudata reveals a graver concern that there has been a steady increase in the gravity of heinousness and gruesomeness of the crimes committed by juveniles, of late, and almost 30% of them are from the age group of 12 to 16 years. The data on the incidence of juvenile crimes is disturbing if statistics were the only criteria to measure juvenile delinquency in India. The figures from the National Crimes Records Bureau states that across the country, a total of 31,170 cases were registered against juveniles in 2021, showing a 4.7% increase over the year 2020 when 29,768 were registered. What is most disturbingfactor is that a majority of the child 76.2% were in the age group of 16 to 18 years. The crime rate among juveniles had also risen from 6.7% to 7.0%, as per the statistics of National Crime Records Bureau. It is to be noted that as a plant needs protection, nourishment and proper environment to grow into a big fruit - bearing tree, a child also needs protection, promotion, nourishment and proper environment to grow into a useful and responsible citizen. Proper Health, Education and Environment for the children are the imperative needs of the hour. Thus, in this context, this author explores the causes, consequences and interventions related to juvenile delinquency in India and also shed light on the complex dynamics surrounding the juvenile delinquency