THE DICHOTOMY OF MORALITY AND MARITAL RAPE IN INDIA

The formation of a valid consent for sexual intercourse has varying qualifiers depending upon the facts and circumstances in question. But is it possible for a lack of consent to qualify as a legally valid consent?

The second exception to section 375 of the Indian Penal Code gives an affirmative response to the above question. The marital rape exception states that “sexual intercourse by a man with his wife … is not rape.” The exception to marital rape under existing rape laws are based upon the doctrine of coverture which an idea from Anglo-American law, wherein the husband and wife were considered a single entity which was legally represented by the husband. Currently India is amongst those 34 countries where marital rape remains decriminalized.

The status quo was challenged in the Delhi High Court where the petitioners relied upon Article 14, 15(1), 19(1)(a), and 21 of the Constitution to argue against the constitutional validity of exception 2 of section 375 which deals with the offence of rape. The two-judge bench delivered a split judgment: Justice Shakder struck down the exception as unconstitutional on all of the above grounds, while Justice Hari Shankar upheld its constitutionality.

The split in the opinion shows the two contrast existing mindset around the idea of gender roles and patriarchal authority. While one stream of thought believes that marriage somehow dilutes the individual characteristic of a person and subsumes it into a conjugal organism, the other believes that marriage is the coming together of two equals with their rights remaining unchanged in the context of individual autonomy. Justice Hari Shankar believes that marriage requires a lower quality of consent for sexual intercourse; while he further believes sexual intercourse to be a legitimate expectation during wedlock. Justice Shakder contradicted with these opinions while maintaining the idea of bodily autonomy and equality before law.

In the contemporary times, the Indian constitutional law does not and cannot support the dilution of sexual consent based on marital status. The observation is not merely individual and the same has been emphatically pronounced by the judiciary in the recent times. The idea has been discussed in the Puttaswamy judgment, where Chandrachud J’s plurality opinion is unambiguous on the question of law, while many the other judgments make it clear that the decisional autonomy is a fundamental facet of the right to privacy, and is not lost or in any other way compromised through social institutions such as marriage. Decisional autonomy within the marriage was also the fundamental basis upon which adultery was decriminalized in the Joseph Shine judgment; and sexual autonomy was at the core of the Navtej Johar judgment. It is too regressive now to contradict this fundamental precept.

I believe that any opinion that supports the marital rape exception has no place in a jurisprudence that is formally committed to the basic idea of individual autonomy, dignity, privacy, and equal concern and respect. This includes the baffling idea that a married woman who is raped will feel “less outraged” than an unmarried woman who is raped. Examples can be multiplied; and when this judgment goes on appeal, the least that can be done is a formal expunging of these observations from the record for the sake of sustaining the basic dignity of a judicial institution.

WHAT IS LAW?

Center for Teaching Research and Learning, General Blog, IILM University06 JulyH Karan KumarLaw, Legal

The term law is a species of various things in different societies. Many authors, jurists, academicians, etc., have given different definitions to exemplify and explain the meaning of the law. It is erstwhile law that has been equated to the concept of Dharma under the Hindu system. Dharma means duty in different contexts according to Hindu jurisprudence. It derives from the Vedas and is inclined to moral values and a way of life.

In Roman law, the term law is ‘Jus’; in the Islamic system, it is ‘Hukum’; in German, it is ‘Richt’ and in French, it is ‘Droit’. The idea and meaning of these terms are not identical or the same, although similarities can’t be denied.

Law is considered a set of rules applicable to all actions without discrimination. It is a body of rules and regulations based on general principles like fair play, convenience and justice enforced by the State to regulate human activities to foster an organised society. In the widest sense, it involves uniformity of behaviour and actions for civilised society.

Even though there is no general definition of law, however, there are a few definitions given by notable jurists and law dictionaries. They are-
As per Austin, positive law has three main features: Command, Sovereign and Sanction. He states-
“Law is the command of Sovereign.” Rules laid down by political superiors to political inferiors. In other words, body of command by a sovereign member or members of an independent society wherein the author of law is supreme.

Aristotle, the famous Greek philosopher, said-
It (perfect law) is inherent in the nature of man/woman and can be discovered through reason. It is immutable, universal and capable of growth.

A.V. Dicey gives a precise and compact definition-
“Law is the reflection of Public opinion.”

According to Webster’s New World Law Dictionary, law is-
“The complete body of statutes, rules, enforced customs and norms, and court decisions governing the relations of individuals and corporate entities to one another and to the state. The subset of such statutes and other rules and materials dealing with a particular subject matter. The system by which such statutes and rules are administered.”

Since the law is an elementary part of a civilised society and plays a quintessential role in the daily life of a particular society, many jurists, academicians and legal luminaries have attempted to define and exemplify the term law. This makes it necessary to understand what is the law and its various aspects.

References:
I. https://thelawexpress.com/the-concept-of-dharma-in-indian-jurisprudence
II. Webster’s New World Law Dictionary, Published by Wiley, Hoboken, NJ (2006).
III.https://nios.ac.in/media/documents/SrSec338New/338_Introduction_To_Law_Eng/338_Introduction_To_Law_Eng_L1.pdfhttps://books.google.co.in/books?id=r2uADwAAQBAJ&printsec=frontcover&dq=taxation+regime+of+ipr&hl=en&newbks=1&newbks_redir=1&sa=X&ved=2ahUKEwiRnpmq39v3AhX_TGwGHeocAlkQ6AF6BAgLEAI

MANAGING HR FROM A LEGAL PERSPECTIVE “IGNORANTIA JURIS NON EXCUSAT”

Faculty06 JulyShweta Tiwari

The Latin term “Ignorantia Juris Non Excusat” means that ignorance of the law is no excuse for not following the law. This Latin maxim states that a lack of facts can be excused, but ignorance of the law cannot. Each individual must be familiar with the laws of the country where he resides, and ignorance cannot be used as an excuse. Even if the individual is physically in another country, the laws of that country must be obeyed when the individual is there.

Recent research from Statista Research Department reported 7,287 low-wage violations by United States employers during the fiscal year of 2021 because they failed to pay the minimum wage. An effective HR department can anticipate such concerns in advance and address them, saving the company a lot of time and resources. Instead of just hiring, training, and retaining employees the role of Human Resource Manager can greatly vary with different scope and extent in the organizations, however, the law has always had an important role in the management of risk in an organization and it is an essential component of every HR manager’s role to ensure compliance with the law.

As HR professionals can be affected by the law in almost every aspect of their work, they must become proficient in it to handle situations that may result in serious legal ramifications. In many cases, HR managers perform their duties without having much knowledge about the legal principles that govern the duties and this can pose quite a risk to the organization. A human resources manager’s primary responsibility is advocating, implementing, and enforcing various organizational policies. Legal awareness and human resource management can produce an incredibly inclusive work environment that could dramatically enhance a company’s productivity.

The HR department drafts policies that have an impact on the entire organization, and companies are duty-bound to adhere to the legal compliance that protects both employees and employers. Hence, the company’s strategy and objectives should be aligned with the employment laws. It is essential that businesses must comply with a variety of laws as noncompliance can also lead to stiffness and penalties. A legal-minded human resources department can help reduce the chances of lawsuits, financial losses, and reputational damage, and add credibility to decisions made by the department.

Why Embracing Uncertainty is Critical to your Success: Try to Push Open the Envelope … bit by bit

Center for Emotional Intelligence, Faculty, General Blog, IILM University04 JulyPreeti Kapur

Undoubtedly, we all live in uncertain times. Pandemic and its varied challenges made it amply clear that uncertainty is a constant companion of our life world. The newspaper headlines tell us about economic instability, climate change, political strife and its implications. Uncertainty has been and will continue to be a part of our life. We yearn for the good old times of pre-Covid. Ah! To be free to meet our friends, be out in the open gardens, hold our loved ones closely to us, and enjoy our freedom. In other words, the choice/s we have to manage and control our environment. Familiarity with our daily routine is essential for our health and well-being.

The previously set ways of thinking and behaving are known to us; hence, we find comfort in them. The continuity between the past and the future brings stability to our lives, but at the same time, as some might say, it sets a monotonous tone. On the other hand, while changes are scary in nature, they make us think differently, challenge our actions, and bring newness and adventure. In short, change and some amount of uncertainty makes us feel alive and kicking.

Hence, how do we plan and map our path through uncharted waters? For example, transitioning from school to college or, in other words, from being an adolescent to becoming a young adult may make you feel excited yet frightened and scared. The heady mixture of wanting to go forward towards the uncertainty that possibly invites and repels you too! So do you leave the confines of your comfort and the familiar? Or retreat into your shell and close your eyes and ear to the cacophony of noise hammering in your mind!

I, too, have been in such situations where I have had to submit to the guarantees of what I had and become accustomed to. I left home at the age of 5 to join a hostel in the hills and learned to not give in to tears when I left home for boarding. Who I am today is possibly because I had to give up the security of a mother’s lap, taking up the new opportunities that came my way. Each step required strength and resolve. Yes, I did waver often, felt tired, alone and lost. Yet, life taught me to accept the uncertainties that come up in life and attempt to turn some of them into personal growth, confidence and a transformation.

We can succeed in our work, relationships, career, and in life when we push the envelope bit by bit to open up new horizons. When we willingly attempt to hug the unknown and try to be open to the new experiences that come our way. Risk-taking, within limits, means pushing yourself to achieve new heights. From this perspective, the uncertainties are a vital part of exploring ourselves and the social environment in which we are embedded.

Rather than resisting the uncertainties, let us draw upon the following inputs to sustain ourselves.

Uncertainty is a part of our life. We cannot control everything. At times we have to just let go. Let us ease ourselves into slowly and gradually accepting that uncertainty is and will be a part of our life. If we panic all is likely to be lost. Let us take a deep breath. Accept that we will lose some battles and win others. Life need not be perfect.

Try to accept the overwhelming emotions of anger, frustration, disgust, fear, anxiety, grief, and loss. Each emotion, negative or positive, plays a vital role. Our feelings convey a message that all is not well! If emotions are acknowledged and felt, they will motivate us to take the necessary steps to accept the situation and the accompanying thoughts and feelings. Please take the message from your emotion and not shoot the messenger!

Take a reality check. Does the issue or situation call for alarm? Are you possibly overreacting? Or can you take a step back and objectively try to reassess the issue/situation? Perhaps something can be done and salvaged? If we let our feelings overtake us, then our thinking too gets disturbed. Fear and anxiety impact the way we think. Recall when you have been angry and you have been unable to express your thoughts. You are so angry that you may stammer or even say things you later regret.

Focus on what you can accomplish and succeed. Instead of overthinking about issues that you cannot manage or attain, recognise your limitations, particularly during times of stress and strain. Attempt new challenges, or push the envelope when you have identified and understood your strengths and limitations. Self-awareness is the key to success. Hence, tread softly and take firm steps towards self-knowledge.

Finally, uncertainty can bring disappointment. Students across the globe could not attend university and missed out on the experience of friends, excitement, and learning. Of having to stay at home, the inability to go abroad for further studies, your plans for the future were at a standstill. At such times give yourself the space to contemplate as to what this means to you. Talk to people you trust and who will help you unravel fear, anxiety and angst. The more you share and discuss your thoughts and feelings will untangle to provide a deeper understanding of your issue/situation.

Throughout our lives, we must reflect upon whether we are letting the fear of uncertainty grip us. Do not be afraid to fall, for we often judge ourselves for falling down, or are we allowing ourselves the bandwidth to grow and move forward ourselves a failure. Remember falling down and not getting up is more likely to be a failure. If you fall, get up, dust yourself and stand up, albeit a little shakily. This act will lead us toward the path of accomplishment and success.

Remodeling the Art of Communication

Uncategorized09 JuneDivya Bhatnagar

“Once you can communicate with yourself, you will be able to communicate outside with more clarity. The way in is the way out” – Thich Nhat Hanh

We all have a language in which we communicate and express ourselves with the world around us. As the quote says, talk to yourself first and find a way out. The world has gone through a catastrophic shift that the way we spoke earlier has become obsolete in a heartbeat.

The present generation spends hours thinking about what to say. Their primary focus is on quantity rather than quality. What we say and how we say both are equally important. Remodelling the art of effective communication is of great importance and need in today’s generation, with the virtual platform being so commonly used to communicate.

There are certain questions on which we need to initiate discussions–

Is the current generation getting opportunities to master their communication skills?
Are they aware of which communication skills should be used on a virtual platform?
Do youngsters today communicate with Energy, empathy, clarity, and Knowledge?

It’s high time we give importance to these questions with a broader perspective. While remodelling the art of effective communication, the four factors hold a lot of significance- Energy, empathy, clarity & Knowledge. Energy creates interest in any form of communication and actively involves the audience in what you say. Empathy helps to understand your audience. Knowing your listener better helps the communicator to put across the message in a more effective manner. Clarity helps to put across what you intend to communicate, avoiding any form of misunderstanding. Knowledge above all gives the right base to what you wish to convey, building the trust and confidence of your audience in you.

We often stress that communication is effective, wondering if only a few people know the real meaning of being effective. Communication that emphasises on verbal, nonverbal, written, and visual skills make communication effective, this way you target all types of listeners.

The way we communicate post-pandemic has totally changed. The consequences have impacted our personal and working lives, but the positive part is that we can learn to be responsible communicators by following a few simple steps-

Understand that change is continuous.
Combine data intelligence with human intelligence
Adopt the rule of Transparency
Just because you can connect doesn’t mean you have to – People face “zoom fatigue” leading to mental exhaustion
When we can connect in person, do – walk to your colleague for a quick interaction rather than sending an email or message.
Working hours are for a reason. Avoid burnout.
Create connection, understanding, and validation: people have been craving that feeling.
Don’t just communicate; try creating an experience.
Be supportive in your communication
Have engaging conversations.

Remember, we spend 90% of our time communicating, so be aware of how you communicate with responsibility and sensitivity to all the people who are a part of the new normal world. Our communication needs more attention and care for a more sustainable future for each one of us.

Please share your experiences with me at divya.bhatnagar@iilm.edu

Inculcate Academic Lawyers to Practice Law

Faculty07 JuneChavi Soodacademic lawyers, Practice law

Academic professors in educational institutes have mentored countless students with their knowledge and guidance. Those disciples have shaped the future of this country and brought changes in the society. The field of law has been no different. Now, why isn’t it that the same professors on whose principles these changes have been bought haven’t been allowed fully to implement their knowledge in courts and guide the judiciary and executive to make informed decisions on cases. This is clearly suboptimal use of talent in our country.

Even though there has been slight support which has been given by individuals to showcase faith in academic professors, the Indian judiciary system has majorly neglected this angle of inclusion. India has rarely nominated academic professor to international judicial and legal bodies such as ICJ of UN and the Appellate Body of WTO. Also, the current government hardly opts for law professor to serve as a full-time expert in any of the ministries. Contrary in US, numerous law professors served as judges of Supreme Court. Additionally, many practicing lawyers teach in universities in UK. We do have acts supporting advocates to teach for limited hours but vice-a-versa engagement is very limited as full-time academic professors are not able to appear in courts.

India’s lawyers and judges have exhibited excellent intellect capabilities and flair. Renowned academics such as Shamnad Basneer, Upendra Baxi, Mrinal Satish, Aparna Chandra and Latika Sarkar have intervened or assisted in judicial matters, gripping court’s attention to take them up. The Courts deserve nothing but the best of law minds for handling complex cases and supporting judgements. History itself is a proof that there have been judgements where courts have heavily relied on academic publications and observations. This academic inclusion would also bring a fresh perspective since law as a profession is heavily intellectual and relies on interpretation, fact of laws and policy inputs. Decision makers must realize that they have to develop a system to incorporate the talent of academic lawyers to serve the nation better. Only then, the synergy among the entire legal system and academia will create euphoric system.

*Author: Chavi Sood, Assistant Professor, IILM Law School

Reference:

https://www.thehindu.com/opinion/op-ed/engaging-academic-lawyers/article65480160.ece

https://www.barandbench.com/columns/academics-law-case-facilitate-academics-practice-law

POLYAMORY

IILM University, Uncategorized02 JuneKamna Yadav

Kamna Yadav

2nd June 2022/15 Minute Read

Movies, media, and storybooks have made us believe that “mere hero/heroin ayenge!” That ONE will be our whole world. We will spend our entire life with that LOVE of our LIFE. I would say our brains have been engrained with such thoughts where monogamy is the only form of love one can and should crave, which is also “our sweet little fairytale”. I am assuming that everyone will agree with me on this. If yes, let’s take a retake!

Do you think the idea of a soulmate is outdated or unrealistic? Do you believe that you may encounter many hero/heroines in your lifetime, or maybe an idea of having many others? Have you ever cherished numerous individuals at the same time? Maybe yes, maybe no, or maybe it is the morals that are speaking for us aloud “No, I can’t have multiple hero/heroines in my life”, “what will people think about me?”, “I can’t be a bad person to be in a relationship with many”.
Polyamorous relationships are a rejection of monogamous relationships. In other words, it is defined as a “liberal, genuine, capable, and moral way of thinking and practice of cherishing numerous individuals at the same time”. Is it getting confusing? Complicated? or in literal words, “Mere pairo tale zameen khisak gai?”

This concept has been alive for many centuries. Don’t you believe me? Let’s check some facts: What does it indicate when a celebrity comes out and says we are in an open relationship, a web series named XYX on OTT platform displaying non-monogamous relationships? According to a study at Kinsey Institute for Match.com, 68% of singles approve of polyamory and 6% practice it. Another research study showed 1.2 to 2.4 million people practice polyamory (Psychology Today). An article titled “Polyamory is a reality in Kolkata” published by Times of India narrated a real-life story of a couple who are in a non-monogamous relationship wherein they are married for 15 years, wants to be in their marriage and are in relationships with many others and still respects and love each other. This shows how common it is. Let’s understand what exactly it is in next section.

WHAT IS POLYAMORY?

According to Cambridge dictionary, “it is the practice of having romantic relationships with two or more people at the same time”, polyamory educators argue that the consent part is missing which has been correctly mentioned in Oxford’s definition, “the practice of engaging in multiple romantic relationships with the agreement of all the people involved”- indicating that people are aware of and agree to the relationship’s needs, emotions, and dynamics.

Individuals who distinguish as polyamorous may have confidence in an open relationship and conscious administration of envy and reject the view that romantic and social restrictiveness is essential for profound, long-lasting intimate relationships.

These individuals like to restrict their romantic relationships to just people from the specified group, a closed-knit polyamorous relationship. It has been described as an ethical, consensual non-monogamous relationship. Many polyamorists characterize loyalty not as romantic selectiveness but rather as dependability to the guarantees and arrangements made about a relationship.

Does it have types?

Yes, it does have few types as seen from the image shared below:

Besides the above-mentioned types, there are a few other forms of polyamory relationships like solo polyamory, kitchen table polyamory, polycule.

Is it just a romantic relationship?

It depends on the individual and the sort of relationship they want with their partners. Two different people will have different experiences in polyamory relationships.

Romantic dependency isn’t a chief factor in polyamory, and individuals who seek polyamorous relationships don’t take part in the over-the-top romantic movement. Some individuals who seek polyamorous relationships set boundaries such as defining the details of the relationship, time they spent with their partner, and other things to avoid any complications that might arise. A person who is in a polyamorous relationship must come to terms with their feelings, especially jealousy, which is very common to surface. Also, the constraints of society promote monogamous or single partner relationships. In the end, it depends upon the individual what kind of relationship they want.

Does it involve emotional connection, or it is the same as an open relationship?

Polyamory relationships do involve love and emotional connection with multiple partners, which makes them stand apart from open relationships. An individual feels emotionally inclined toward someone outside marriage or committed relationships and looks out for connection, and I would say they fall in love with that significant other. In open relationships, one or both the partners have romantic relationships outside the committed relationship, including marriage. It might or might not involve an emotional connection.

LITTLE KNOW FACTS

For many of us, it’s wrong, and for many, it’s acceptable. Dr Chauntelle Tibbals, a sociologist said, “Just because polyamory is unfamiliar doesn’t mean it’s wrong”. It might work for some, let’s learn about few little know facts about polyamory.
· It is more common than you believe
It can be observed from as early as Mahabharat, wherein Draupadi married five brothers, it was observed in practices of Raja and Maharajas. It is prevalent in the Kinnaur region of Himachal, Nilgiri hills in South India, Kerala, Uttarakhand, and is followed and practised by many tribes in India. Approximately more than 1.2 to 2.4 million individuals follow polyamory.
· Polyamorous are Committed
Being polyamorous doesn’t mean no-commitment. As quoted by Dr Clarke “There are individuals who face challenges in committing in general as well as few polyamorous do face few issues but most people he knows are in multiple committed relationships”.
· Polyamorous have different dealbreakers
Poly individuals do work out their dynamics and parameters within the relationships. They can develop agreements in each relationship wherein all the parties agree and are comfortable. The meaning of cheating would differ in different relationships.
· Consent and Communication are important
As it is crucial in a monogamous relationship, so does in a polygamous relationship. It is rooted in affirmative consent, and they communicate their needs and desires to make it a healthy relationship.

AM, I JUDGING POLYAMORIES?

Polyamory is a genuine expression of love towards your hero/heroines. It sounds as confusing and complicated as monogamous relationships. Every relationship has its own perks and volcanoes.

Let’s be mindful of being who we are. Polygamous or Monogamous?? Who are we?? We are human beings who, at times or I would say most of the time judge ourselves and others. The majority of individuals imagine polyamories as bad or indifferent. Ask yourself right away the following questions: What do I think about them? Do they really exist in our society? Are they committing a crime?

Over here, I would like to ask you whether we are projecting our feelings, understanding of love, and relationships on them? If yes, I would suggest you kindly do not end up projecting your understanding and feelings onto them. Is it fair enough if someone else does the same with you? What if they judge you for who you are? I suppose that we would feel bad and would not like it at all. Therefore, I request every one to be mindful of your thoughts regarding others. Accept them the way they are MONOGAMOUS or POLYGAMOUS. It doesn’t matter who we are, what matters is LOVE and CONNECTION with significant others.

Feel free and connect on kamna.yadav@iilm.edu

THE RELATION BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW

Uncategorized02 JuneHarshita Jain

International humanitarian law and international human rights law are part of International law. International law is the law which governs the relations of states inter-se, with international bodies, and to some extent with citizens, as stated by Oppenheim. Since the two are the branches of International law, they are by some, confused as the same thing and by some others, are regarded as so distinct as having no connection. Both of these two extreme notions cannot be regarded as true. International humanitarian law (IHL) and international human rights law (IHRL) are different from each other in their definition, development, the scope of application and implementation. On the one hand, IHRL is a series of rights, and on the other hand, IHRL is a series of duties that combatants have to obey. This distinction, however, does not mean that they function in a four-cornered wall without getting influenced by each other.
International humanitarian law is a set of rules which seek to limit the effects of armed conflict. Generally, it applies to the time of armed conflicts. International humanitarian law does not see to stop or prohibit war, but it sets out rules to regulate the war and mitigate the sufferings of the war victims and others involved. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. It is also known as the law of war or the law of armed conflict. International human rights law is the body of international law designed to promote human rights on social, regional, and domestic levels. They also differ in their scope, international humanitarian law primarily mentions the agreements between states on how to conduct war, and on the protection of enemy civilians and combatants. On the other hand, international human rights law extends to the agreements between states regulating the relationship between each state and the individuals over whom it has jurisdiction. IHL applies primarily in times of armed conflict. The application and scope of IHL is so strict that the state parties can in no circumstance derogate from the provisions of it, nor do they have the right of reservations under IHL. IHRL, on the other hand, applies at all times, i.e. in peacetime and during armed conflict. Human rights treaties permit governments to derogate from certain obligations during public emergencies that threaten the life of the nation. Derogation must, however, be necessary and proportional to the crisis, must not be introduced on a discriminatory basis and must not contravene other rules of international law – including provisions of IHL. However, few of the international human rights principles which have acquired the status of Jus Cogens like the right to life, the prohibition against torture or cruel, inhuman or degrading treatment or punishment, the prohibition against slavery and servitude and the prohibition against retroactive criminal laws, can never be derogated.
Despite a number of differences between IHL and IHRL, they are complementary bodies of international law that share some of the same aims. Both IHL and IHRL strive to protect the lives, health and dignity of individuals; thus, they may be very different in formulation, but in essence, they seek to work towards a common goal. Many of the rules of these two bodies of law are similar, for example, both IHL and IHRL prohibit torture or cruel treatment, prescribe basic rights for persons subject to the criminal process, prohibit discrimination, contain provisions for the protection of women and children, and regulate aspects of the right to food and health. The main objective with which the UN was established was to promote humanity. Thus the main aim of IHRL is to foster the principle of humanity, aimed at protecting human life and dignity. Similarly, IHL also seeks to protect the principle of humanity which is aimed at protecting human life and dignity.
IHRL and IHL are different in their language, scope, development, application and implementation. But both are complementary to each other and cannot function in complete isolation to each other. Human rights are the same in international and non-international armed conflicts and outside armed conflicts. We cannot in any sense dissect the two branches so much that we tend to identify them moving in opposite directions. A number of similarities between these two different branches of international law complement each other, and both of these branches are continuously influencing each other. One cannot understand a particular branch in isolation from the other. Since the two carry similar rights and similar provisions, interpretation of provisions of one branch has to be done in light of the provisions of the other branch.

Redefining Business in a “sustainable” world.

Uncategorized23 MayKolyaani Gupta

Business Ethics Blogpost

-Kolyaani Gupta

Liberal Economic policies have led to the emergence of a new aspect of business organizations and corporations. With the advent of globalization, business organizations have moved from the constraints of geographical boundaries, whereby they are not affected by the legal constraints of a particular country. This makes it easy for corporations to fidget with the aspect of accountability. A business setup is a key element in generating employment, paying taxes and acting as an engine for a country’s economic development, which means that business cannot be limited to be defined as only an exchange of transactions. Business ethics is defined as the study of business and its key features to assess the moral standing of these features, wherein ethical theories are applied to evaluate and weigh the right and wrong. This enables to generate an optimal relation between the business and sustainability (Crane & Matten, 2016)

The infamous incident at Rana Plaza,[1] located in a small town in Bangladesh, where approximately a thousand workers died due to the building crumbling down in 2013. A fast fashion company owned the building and in spite of being declared unfit for habitation, the workers were forced to come. A utilitarian (Mill, 1998; Ryan, 1990) business approach would actually justify the means if the end served the greater good. This theory would actually look at the greater good of generating maximum output, thus, increasing their chance to generate maximum output. The means to reach that potential of generating the highest profit could be justified by the end as it secures the happiness for the greater good. However, Kantian Ethics (Guyer, 2007), also known as deontological ethics, characterizes duty as a categorical imperative rather than a hypothetical one, and the Kantian ethical theory would condemn the Rana Plaza incident as a violation of the cardinal imperative of duty, thereby deeming it to be completely unethical.

Business organizations are obligated to the consumers for the transparency of transactions; however, the obligations are not only restricted to the consumers. Corporations and organizations have a duty towards their workers and members. Triple Bottom Line is a concept that states that businesses and organizations cannot solely focus on only adding economic value (Elkington, 1999). They have to uphold social and environmental values as well, thereby building an ecosystem of sustainable growth and development

[1] http://www.ethicalcorp.com

Redefining Secularism: Diversity or Uniformity of Religions?

Uncategorized16 MayAmanpriya Singh

The Preamble of the Indian Constitution reads, “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all …”. One of the principal pillars of Indian democracy is the character of secularism which it beholds. “Secular” means which has no religious basis or is separate from religion, and a secular person is the one who does not owe his moral values to any religion. An individual’s values are primarily product of his rational and scientific thinking. The key features of secularism embody within itself the equal respect and recognition of all religions by the State, no official religion in India, an individual has the right to profess, propagate and practise any religion, and no discrimination by the State on the basis of religion. In other words, secularism means segregating the religion from political, socio- economic, and cultural aspects of life.

With the rise in judicial activism and the enforcement of fundamental rights through the High Court and Supreme Court, the question of defining secularism strikes one’s mind. The recent Hijab Ban Judgement by Karnataka High Court, wherein the honourable High Court upheld the Karnataka Government order to ban wearing hijab in the educational institutions. While quoting the difference between ‘Freedom of Conscience’ and ‘Religious Expression’, the three judges Bench at the High Court explained that while conscience is an internal belief, religious expression is an outward expression of this belief. The Court also upheld that wearing the hijab is not an essential religious practice and therefore does not fall within the umbrella of protection under Article 25 of the Constitution of India, 1950. However, the hijab ban judgement has been criticised on various grounds. Post this judgement there have been noticeable pleas in the Supreme Court to declare the acceptance and adherence of a uniform dress code for schools and educational institutions. And these extended pleas raised in light of such judgments definitely raise an alarming question that needs to be answered; one of them is defining what secularism is. Is it the acceptance of all religions and living in coherence with other religious diversities, or is it to bring uniformity amongst all religions and practices.

Uniformity and diversity are two different terminologies wherein uniformity means “sameness”, or “absence of diversity”, whereas diversity means, “state of difference or variety”, or “noticeable heterogeneity as opposed to homogeneity”. Uniformity of religions, as opposed to diversity of religions, makes one question the concept of secularism. The concerning issue that can exist in the aims of religious education is to cast a fine line of demarcation between the desire to encourage open‐minded, critical thinking through exposure to diverse traditions, ideas and cultures, into uniformity wherein the learners take on the values of a particular tradition, culture or ideology (say of religion, family or school). Religious uniformity is usually seen where the government promotes one State’s religion, denomination, or philosophy to exclude all other religious beliefs. Religious uniformity was common in many modern theocratic and atheistic governments. But, one can always question this by stating that secularism means that the State does not prioritise any one religion over the exclusion of others, especially in a diverse culture. All institutions rather have regard for all religions, by recognising and accepting all religious diversities and respecting pluralism.

It is definitely a debatable question that is to be pondered upon. Defining secularism will certainly involve judicial interventions, and research by scholars and academicians, while considering secularism as the cardinal principle of the Indian Democracy.