Day: April 6, 2015

Sexual Offences: Liability and Punishment

Sex related offences are a universal phenomena, which take place in every society in different circumstances and social settings. It may take the form of sexual violence, which sometimes cause severe and irreparable damage to the physical and mental health of the victims. Physical injury includes an increased risk of a range of sexual and reproductive health problems. Its impact on mental health can be equally serious as that of physical injury. Sexual offences, when they assume the form of sexual violence may lead to murder, suicide, acute depression, etc. of victims. It entirely disturbs the social well being of the victims because of stigmatisation and the consequential loss of status in their families and the neighbourhood. Theredore, it is vital that measures are introduced to end India’s tolerance of violence against women and girls. Policy and legal reform are needed to address the pervasive and damaging stereotypes surrounding rape. However, as the author has aptly put it, we must look beyond the natural human desire for retributive justice to seek comprehensive solutions, including sex-offender treatment programmes and restorative justice approaches that provide a true and lasting legacy of change.

The Struggle of a Democracy against Terrorism: Sacrificing Civil Liberties to Reduce Terrorism Risks

Terrorist threats have existed throughout modern history, and the importance of deterring and preventing terrorist acts is of central importance. The impulse to abandon human rights norms in times of fear and crisis is short-sighted and self-defeating. As the revelations of shocking abuses at Abu Gharib prison have demonstrated, the world will not easily accept inhumane treatment in any context, and such treatment will tarnish and undermine even legitimate security operations. Therefore, this is an issue which requires in-depth analysis, as done by the author, due to its complex and multidimensional nature.

International Developments Relating To Protection Of Traditional Knowledge

By Navin Anand, CNLU INTRODUCTION Traditional knowledge has been defined as ‘a body of knowledge built by a group of people through generations living in close contact with nature’. The protection under intellectual property rights (IPRs) of traditional and indigenous knowledge (TK) has received growing attention since the adoption of […]

The Moral Rights of an Author

By Nidhi Kumari, CNLU INTRODUCTION Universal Declaration of Human Rights, Article 27(2) “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author[i]” When an artist creates, he expresses an opinion. Whether it is […]

President: A Titular Head?

By Abhishek Kumar, CNLU INTRODUCTION The Preamble of our Constitution clearly articulates India as a republic. Being a republic there is no hereditary monarch but the President, as the head of the State. The President is not directly elected but indirectly. The election is carried out by an electoral college, […]

The Rule Of Law

By Abhishek Kumar, CNLU INTRODUCTION The rule of law primarily refers to the influence and authority of law within society,especially as a constraint upon behavior, including behavior of government officials. The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice […]