The purpose of this study is to analyse the legal protection for lecturers, especially in private tertiary institutions from a legal perspective related to the current problem of income for private lecturers in Indonesia. Types of normative juridical research, conceptual and contextual approaches, synchronization of laws and regulations to reveal problems, conditions or events as they exist in order to uncover factual findings. There are variations in the treatment of giving salaries from private tertiary institutions to their lecturers, in fact there are still many who receive lower wages than the provisions of the existing law. Proactive action is needed to carry out an assessment from the government through the Higher Education Service Institutions in each region to ensure that laws and regulations are implemented by private tertiary institutions in the hope that no party feels that they are being treated improperly / disadvantaged so that the quality of teaching can improve because lecturers can more motivated and focused on his profession as an educator.
Volume 5, Issue 2 / 2023
Articles · 8
Life Imprisonment is one of the most basic and common form of punishment. It is used not only by the court in India, but also in other countries. The critical analysis of the punishment depicts some positive and negative aspects. Due to the negative aspects, some form of relief was given in the form of remission, commutation, pardon, etc. This power rests with the court and the government. These reliefs are provided under various provisions of IPC, C.R.P.C, and Constitution. From the above provision one basic question arises is whether Life Imprisonment means Imprisonment till Life or till 14 years or till 20 years. The answer to this question is it means Imprisonment till Life. However, when the appropriate government, in its discretion decides to commute the Life Imprisonment, then it can commute it to a particular term. But this term should not exceed 14 years. Thus, the government can in its discretion commute it to 7 years, it can commute it to 11 years, or any other term, but this term should not be more than 14 years. It cannot be 15 years or 20 years, etc. Further, by Section 57, for the purpose of calculation Life Imprisonment means 20 years. Again this does not give accused the right to be released after 20 years. This 20 years is used just for calculation purpose.
Intellectual Property assumes a significant position in the global economy. Disputes arising out of intellectual property are well recognised globally and the need for a shift in its resolution mechanism is felt. Despite the several protection regimes in place, intellectual property disputes are on a rise and are clogging the judiciary. A need for a shift from court-based litigation to effective Alternate Dispute Redressal Mechanisms is the need of the hour. Among the many ADR methods. Arbitration is the most desired dispute resolution mechanism for commercial disputes as it offers several advantages such as party autonomy, saving time and cost, confidentiality to name a few. However, Intellectual Property Disputes have certain characteristics that are complex and challenging. IPRs per se cannot be arbitrated as they are in nature of ‘right in rem’ but there have been instances where IP disputes have successfully been brought under the Arbitration regime. Arbitrability of IP Disputes remains a grey area in India. This paper aims to study the nature of Intellectual Property Rights and analyse the challenging concept of Arbitrability of IP disputes from an Indian view point. The paper further examines and probes into the pros and cons of engaging Arbitration as a means to resolve IP disputes, and the status of various jurisdictions shall be studied for the same. The author concludes by laying emphasis on the significance of arbitrating IP disputes, and reiterates the need to re-examine the Doctrine of Arbitrability and proposes the constitution of Special Arbitral Tribunals to deal exclusively with commercial arbitrations arising from IP.
The scope of legal education in the modern day has expanded. Legal Institutions are institutionalising pedagogies to carry out high-quality research and study. Project exercise is one of the pedagogies that is extremely beneficial for the learners. Although Project Exercise has been an old-time practice yet being followed by law schools with innovative forms. It is a method practically and conceptually ideal for executing protracted and profound research using qualitative and quantitative research methodologies. Project exercises enable the evaluation of the prospects for existing literature and assist in reconnoitering high-standard research. Project-based learning is currently seen as a crucial teaching and learning method. According to current practices prevailing in the law schools around the word, the legal education sector has undergone an extreme transformation owing to technological innovation. Increased use of advanced tools and devices results in the execution of comprehensive and specific studies, more precisely Research for Specific Purpose (hereafter RSP). However, this has fetched new challenge in terms of analyses of the literature physically available, which also suffers from a deficit in creativity, critical thinking, and authenticity in general and application aspect in particular. The present study is an attempt to outline the importance of project exercises followed in the law schools. It further aims to identify the status and subsequently discuss the chief characteristics and the shortcoming of the methods used namely, conventional, and modern in the legal education. Eventually, it will also evaluate the feasibility of the method used and its relevance to the law students for their career prospects.
India consists of 29 separate states and 7 United States. The Indian Constitution classifies "Police" as a State topic. This implies that they are governed by the laws and ordinances of the state in which they are situated. State-level rules and regulations provide the parameters for how the police are organised and function. Each state and federally recognised area has a unique police force. Additionally, the union government established centralised police forces to carry out certain duties. As of January 1, 2003, there were around 14, 68,776 individuals working for state and union territory police forces. The combined strength of the top five paramilitary groups was estimated to reach 6, 01,328. If more than two million individuals are motivated to uphold the law and held responsible for their crimes, if any, they have the ability to significantly contribute to constructive social change. The techniques of control and supervision used to them directly affect whether or not they should be held responsible. In this section, we'll examine four important aspects of police accountability in India. The paper's introduction gives an overview of the principles that the British used to build the police force they established in this nation and demonstrates how the colonial model of policing that was implemented did not include the concept of holding the police accountable to people outside the system. The underlying structure, procedures, and lack of public accountability of the police system, it is said in the second part, notwithstanding significant post-independence changes in India. It also discusses the several events that led to increased use of force and incidents of police power abuse, as well as stricter executive oversight of the police. In light of police claims against them, the last chapter explores the need of holding police officers responsible and outlines the internal and external procedures currently in place to do so. The issue is summed up in the final line, which makes the case that police reforms are necessary now and cannot wait any longer.
This research aims to explore the intricate relationship between gender stereotypes and human rights legislations in the context of India. Gender stereotypes are deeply ingrained societal beliefs that often lead to discrimination and inequality. The study focuses on understanding how these stereotypes impact the effectiveness and implementation of human rights legislations in India, with a specific emphasis on women's rights. The research will employ a doctrinal analysis approach, utilizing legal texts, case laws, and relevant statutes to examine the extent to which gender stereotypes hinder the realization of human rights principles enshrined in the Indian Constitution and international treaties. The objectives of the study are to (a) identify prevalent gender stereotypes in India's socio-cultural fabric, (b) analyze key human rights legislations addressing gender-based discrimination, and (c) assess the challenges faced in translating legislative intentions into practical gender equality. By critically evaluating landmark judgments and legal provisions, the research seeks to shed light on the interplay between gender stereotypes and the jurisprudential interpretation of human rights norms. The study will also examine the role of the judiciary in rectifying gender-based discrimination and explore the potential for legal reforms to mitigate the adverse effects of stereotypes. The findings of this research hold significant implications for policy makers, legal practitioners, and activists working towards gender equality and human rights in India. It is anticipated that the research outcomes will contribute to a better understanding of how to address gender stereotypes effectively within the legal framework, fostering more robust protection and promotion of human rights for all, irrespective of gender.
Traditional Cultural Expressions have become ‘talk of the town’ in the intellectual property’ legal domain. The intergovernmental committee of WIPO 2020/2021 has vowed to discuss and determine the status quo, protection measures and legislative requirements over the existing contours. With the ongoing discussions, valuable decisions are expected by the end of this year. Traditional Cultural Expressions have a huge scope and dynamic assortments in a country like India. With cultural ethnicity and diversity at its zenith, there is not only a ground for flourishment of the traditional cultural expressions in all their forms, but also a dire need of panacea in form of effective protection and conservation measures. The contemporary scenario points towards a requirement of a sui- generis law relating to Traditional Cultural Expressions, so comprehensive that it embraces all the species of this genus in entirety. The most pertinent question of the hour is as to what should be the common grounds of recognizing traditional cultural expressions as ‘an umbrella term’ and by an analysis with this in mind, the limitations of the existing law over the subject surface out. Various countries have taken up measures so as to devise a mechanism but they can only pose as guidelines for India’s diverse situation. The limitations are multifarious in nature from legal and societal viewpoints, so much so that the available legislation over the subject is deficit and not of an all-encompassing nature. This paper thus analyses the lacunae of the existing law and attempts to provide possible solutions for the same.
The impact of reforms in the Hindu Succession Act 1956, which allow girls equal coparcenary birth rights in joint family property, which they were previously denied, may be measured across three generations of humans. Although a large rise in the possibility of daughters inheriting land was achieved as a result of the 2005 amendment, a major bias still exists in society. The Hindu Succession Act, 1956 was enacted to amend and codify the laws relating to intestate succession for Hindus, which includes Buddhists, Jains, and Sikhs, and to give women priority by abolishing the Hindu women's limited estate and thereby establishing a uniform and comprehensive system of succession in the said Act. As a developing country, India has limited land markets, which are mostly acquired through inheritance, which is why women continue to be asset-poor and reliant on men. As a result, our country's inheritance laws are important. Equalization of inheritance rights is likely to be a major tool for women's empowerment. As a result, this study finds a significant increase in the accomplishment of inheritance rights by daughters, implying a wealth transfer alternative. In addition, the research examines the impact of women's empowerment in India through increased intergenerational transfers of physical human capital and inheritance rights.