Territory Of India Research Articles

Analysis of Husband's Maintenance Under Sec 144 BNSS, 2023

The law relating to wife maintenance is different in different religions. Among all communities, the question of maintenance to women has acquired great importance. Women, the partners of men in life, play a vital role in raising a family, especially in maintaining social order. The basic involvement of women gives them the right to maintenance from their husbands. But apart from the Hindu Marriage Act, of 1955 and the Parsi Marriage and Divorce Act, of 1936, no other law gives any right to a husband to claim such maintenance from his wife even on reasonable grounds. Article 15(1) of the Constitution of India states, "The State shall not discriminate any citizen on ground only religion, race, caste, sex, place of birth or any of them”. While Article 14 states that “The State shall not deny to any person equality before law or the equal protection of law within the territory of India”. Apart from Hindu and Parsi husbands, a person of any other religion has no such right to claim maintenance on reasonable grounds which violates the constitutional right under Article 15(1) and Article 14. Under section 144 of The Bharatiya Nagarika Suraksha Sanhita, 2023, the husband should be entitled to equal maintenance rights from his wife on legitimate grounds, as women have gained financial empowerment in the current socioeconomic situations.

The Uniform Civil Code (UCC) in ASSAM: Debates, Impact and Possible steps

Abstract: Article 44 of the Constitution says, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Assam is the third state, following Uttarakhand and Gujarat, all ruled by the Hindu nationalist BJP, to move toward a unified civil law for all religious groups, however the tribal communities, comprising 12.45 percent of the state’s population, will be exempted from the code. As per the government UCC will deal with four points — preventing underage marriage, banning polygamy, inheritance laws and registration of live-in relationships. It will not deal with traditional rituals or practices,” Even if the communities governed under the sixth schedule areas will be exempted, it will affect the other communities practising their customary rights. Based on the enumeration of the 2011 census, Assam has a population of 61.47 per cent Hindus, 34.22 per cent Muslims and 3.7 per cent Christians.

Gender Discrimination at Workplace

Discrimination which means treating group of people or one person less well or less fairly than other people or groups. Article15[1] of the Indian Constitution prohibits discrimination against any citizen on the basis of religion, race, caste, sex or place of birth. Article14 of the Indian Constitution provides equality before the law or equal protection within the territory of India and prohibits the unreasonable discrimination between persons. In this article it is mainly discussed about the gender discrimination in the workplace. Gender discrimination which means the employer will discriminate the employee on the basis of their caste, sex (whether male or female), and religion etc. The employer will discriminate the employee on the basis of their gender, the male will get more remuneration while compared to the female but their work will be the same. The discrimination in workplace also includes transgender discrimination. The transgender is not given proper respect in the society and the educated transgender are not able get proper job because of discrimination. My mining job wouldn’t promote me because I am a woman” – said by HANNA HURTS. She was one of only two women working underground at a goldmine, where there was more than 300 people working. She was experiencing sexual harassment at workplace by where supervisor [women were capable of performing low-level- tasks]. She reported this to HR but she received threats. Later Hanna got compensation and brought lasting changes to the mine that will expand opportunities for women and improve working conditions for everyone. Sex based discrimination remains common in many traditionally male dominated companies or industries and occupations, and the risk of reporting it can be severe.

ОСНОВНЫЕ НАПРАВЛЕНИЯ ДЕЯТЕЛЬНОСТИ ИНДУССКИХ НАЦИОНАЛИСТИЧЕСКИХ ОРГАНИЗАЦИЙ ЗА ПРЕДЕЛАМИ ИНДИИ

In modern India, the Hindutva ideology, which many researchers call the Hindu nationalism, occupies a leading position. It is actively promoted by such organizations as the Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP) and the Bharatiya Janata Party (BJP), which has been in power since 2014, not only within India, but also abroad, primarily in countries with a large-size Indian diaspora. The involvement of diaspora plays a crucial role in the consolidation of Indian society along religious lines, which is emphasized by these organizations. The work of spreading of the Hindutva is complex, and this will be discussed in this article. The main attention is paid to the activities and activities of Hindu nationalist organizations abroad, the main reasons for their work being to consolidate the Indian diaspora and involve it in their ideology. The purpose of the article is to show the level of activity of these organizations outside the territory of India and their methods of work abroad. The study used materials from the official websites of these organizations and their foreign branches, as well as allied organizations that are not involved in political activities. They are the main sources of research. Some of these organizations have not yet been studied in Russian historiography. Studying the activities of organizations that promote Hindutva outside of India allows one to gain a deeper understanding of the ideology of Hindu nationalism, the methods of its spreading and the reasons for strengthening its political positions.

ПАКИСТАН — ИНДИЯ: РЕГИОНАЛЬНОЕ ПРОТИВОСТОЯНИЕ (2018 – 2023 гг.)

The author of the article went beyond the analysis of the traditional bilateral relations between Pakistan and India, focusing on the confrontation of these countries at the regional and international levels. The struggle for influence in the region, for sales markets, for profitable multibillion-dollar commercial projects, for increasing labor quotas, in particular with the Gulf countries, is intensifying. Not being an Islamic state, India is strengthening its position in the Organization of Islamic Cooperation. The withdrawal of US/NATO troops from Kabul in August 2021 also had an impact on the Afghan vector of the countries’ foreign policy. The Anti-Taliban case (2001–2021) of the Indian Foreign Ministry has failed. But the danger of losing the Afghan, and as a result, the likely logistical challenges of cooperation with the Central Asian states, convinced New Delhi to reconsider the approaches the Afghan Taliban. Pakistan welcomed it’ return to power. However, his tough policy towards the terrorist organization the Tehreek-e-Taliban Pakistan (TTP) was the challenge for Pakistani-Afghan relations, which India took advantage of. The government of Prime minister Narendra Modi, since coming to power in 2014, characterizes Pakistan as a terrorist state; and refuses bilateral negotiations and cooperation in «small» regional organizations, in particular with the South Asian Association for Regional Cooperation (SAARC) starting from 2016. It paralyzed the activity of this organization. But the Pakistani economy is facing the deepest economic crisis, that is why is interested in the increasing the volume of export of domestic products in region, and an influx of foreign currency, primarily to safe foreign exchange reserves. Logistically, Pakistan is ‘cut off ’ by the territory of India from the states of South East Asia. Continuing the theme of the ‘terrorist state’, New Delhi (Pakistan has been in the ‘grey’ list in 2018) insisted on the transfer of Islamabad to the ‘black list’ of the Financial Action Task Force on Money Laundering and Terrorist Financing (FATF). The result of the subsequent sanctions was, first of all, the downgrading of the country’s investment rate, which hurt the country’s business. New Delhi did not abandon its position even on the day the sanctions were lifted from Pakistan in September 2022. It is difficult to admit, but India’s tendencies towards political isolation and measures indirectly aimed at curbing Pakistan’s trade and economic ties in the region are evident.

Comparison of Hindu and Muslim Personal Laws with Goa’s Portuguese Civil Code: Special Reference to Rights of Women

Uniform Civil Code is one such topic that has been in debate since forever. Repeatedly, it has been seen that people use personal laws and their right to religion as a shield to fulfill their selfish purposes, in particular, to exploit the rights of women. “Article 44 of the Constitution requires the state to strive to secure a Uniform Civil Code throughout the territory of India”. The sole state in India, which has a common civil code of its own, is Goa, which indicates that there is a hope that people can accept uniform code in other parts of the country as well regardless of their religion. The purpose of this paper is to appraise the need to enact a Uniform Civil Code by highlighting the discriminatory provisions against women prevalent in Hindu and Muslim law and comparing them with relevant provisions of the Portuguese Civil Code which govern the Goans.

A report on occurrence of Phlebotomine sand flies (Diptera: Psychodidae) and two new country records from Andaman amp; Nicobar Islands, a Union territory of India.

A cross-sectional survey was carried out to determine sand fly fauna of the Andaman and Nicobar Islands that are known for tourist attraction from different countries, due to their scenic beauty. The study area includes 40 localities, stretching from south and middle to north Andaman Islands. Sand fly collections were made from day time resting shelters such as human dwellings, cattle-shed, and bushes in fringe of villages. A total of 1055 sand flies, comprising of six species were collected. Se. (Neo.) barraudi was found to be the predominant species, comprising of 57.7% of the total. Other species found to occur were Se. (Par.) babu (27. 4%), Se. (bailyi) 8. 1%, Se. (Neo.) gemmea (4. 9%), Se. (Neo.) quatei (2. 1%) and Phlebotomus (Ana.) stantoni (0.3%). Se. (Neo.) gemmea is reported to be a vector transmitting visceral leishmaniasis and dermal leishmaniasis in southern Thailand. Se. (Neo.) gemmea and Se (Neo.) quatei are new country records adding to the existing list of sand fly fauna of India. This is the first report on sand flies from Andaman and Nicobar Islands.

New records of Caddisflies (Insecta: Trichoptera) from India

Four species of Trichoptera are recorded for the first time from the geographical limits of India: Oecetis jacobsoni Ulmer 1930 and Marilia ceylanica Martynov 1936 (both from the Andaman Nicobar Islands Union Territory of India), Polyplectropus amphion Malicky 1997a from West Bengal, and Polyplectropus phrixos Malicky Changthong 2006 (in Malicky et al. 2006) from Mizoram, respectively. Line drawings of all the newly recorded species and Hydropsyche saranganica Ulmer 1951 are given based on material collected from the geographical limits of India.

Hydrogeochemical characteristics of the Indus river water system

ABSTRACT The Indus River is the most prominent freshwater source of the northwestern part of the Indian subcontinent. Glacier/snow melting during the summer season is the main source of water. Here, we are presenting the major ion chemistry of the Indus river water, its tributary rivers, including small streams (nallahs), mainly in the territory of India, to know the overall quality of water, and geochemical processes controlling the solute acquisition and sources of elements in the catchment region. The analytical results indicate that the water samples are mildly acidic to alkaline in nature and have Ca2+ and Mg2+ dominance in cationic and HCO3 - and Cl- in anionic composition. Overall, alkaline-earth elements (Ca2+ + Mg2+) dominate over alkalis (Na+ + K+), and weak acids (HCO3 -) exceed strong acids (SO4 2- + Cl-) in the river/stream water samples. The hydrogeochemical diagrams, molar ratios, and statistical analysis suggest that carbonate and silicates minerals’ weathering mainly control the solute acquisition process with negligible contribution from marine or anthropogenic sources. Most of the surface water samples are fit for drinking and domestic uses except the hot spring and saline lake waters.

Political resistance to social reforms: The case of uniform civil code in India

Under the Directive Principles of State Policy in the Indian Constitution, Article 44 directs the State that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” Apart from this, admissible comments have also been made from time to time by various courts of India. But the Uniform Civil Code demanded for India in the early years of Independence hasn’t implemented till date. The Parliament which passed the Hindu Code Bill in 1955-56 as a social reform in Hindu society, the same institution has not been able to implement the Uniform Civil Code till date. Everyone has their own questions and their own arguments on different perspectives of consensus and disagreement on the subject, which has turned it into more of a controversy than an attempt of social reform. In the guise of this controversy, the secular nature of the Indian state has not only questioned but has also been seen as selective secularism or pseudo-secularism.

A CRITICAL REVIEW OF GOVERNANCE IN THE DIGITAL ERA: A DEVELOPING NATION’S PERSPECTIVE

‗The best argument against democracy is a five- minute conversation with the average voter‘ is a famous quote by Winston Churchill. The statement also indicates the success or failure in any form of government depends primarily on voters and not on parties or politicians. The sustenance of a government in a democratic set up and in the age of anti-incumbency is viable only if it has the mandate. The current government in the territory of India is thriving despite a strong effort by the opposition to come together and stand against the government. The last two Lok Sabha elections held in 2014 and 2019 in India has been exemplary from the perspective that it has largely been Bhartiya Janata Party versus all other political parties, unlike the previous election where there has been contest between ruling and opposition parties. This paper aims to review the functioning of the incumbent government in last five years from manifesto till its implementation. The paper also aims to review the different policies launched by the government and their outcome. The paper will also examine how the government took some landmark decisions that witnessed mass protest and may prove fatal in times to come.

The Fate of Virtual Currencies in India - Regulation and Redefinition

The advent of Virtual Currencies (VCs) in the global financial landscape has been a cause for concern for money market regulators and governments. This is due to the fact that VCs were designed to operate without the need for a centralized authority and consequently, regulating VCs has posed a challenge for most jurisdictions across the world. Further, due to the volatile nature of VCs and their ability to destabilize the market in the long run, most regulators have tried to nip the problem in the bud by not allowing VCs to operate in a manner similar to fiat currency. However, while VCs do not have legal tender status which is guaranteed by a centralized authority, they operate in a manner that is very similar to generic currency. They may be used as a medium of exchange, a unit of account, a store of value, and may be used to as a method for the discharge of debts. That being said, VCs have been restrictively defined by regulators to ensure that they may not function as money to ensure that they cannot turn into a valid medium of exchange that replaces the traditional fiat currency. In India, a similar trend is reported with the RBI prohibiting the entities regulated by it to enter into or facilitate transactions that involve VCs. Furthermore, the legislature is also considering a law to prohibit the use, issuance, transfer, mining, generation, disposal or sale of crypto-currencies within the territory of India. The present paper seeks to determine and analyze the true nature of VCs from a legal viewpoint. To that end, Part I introduces the main issues that are to be dealt with in the present paper; Part II of the paper is a cross-jurisdictions analysis of how VCs have been treated and defined by regulators, legislators and courts across the world; Part III deals with the treatment of VCs in India by the Government and the RBI, with a special focus on the Supreme Court’s judgement in Internet and Mobile Association of India v. Reserve Bank of India to determine the legal definition and status of VCs in India; and Part IV concludes.

The Status of Girls' Education in Jharkhand

Article 14 of the Constitution of India states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” but when it comes to women in India, it is a well-established fact that they have always faced the wrath of discrimination. The relevant point here is, the gender gap created in the Indian Society is due to gender discrimination faced by women. The gender gap in literacy and education is an important dimension in gender inequality, and it is contingent on socio, cultural, and economic factors. The levels of hardship faced by women are further exacerbated and they become even more vulnerable when one kind of discrimination (gender in this particular instance) adds up with the other, like discrimination based on caste, class, religion, etc. According to the Census Report of 2011, Jharkhand has a considerable number of tribals, i.e. 26% of the total population of the state (Office of the Registrar General, India). The occupation of a majority of tribal people is agriculture, whose productivity is generally low, therefore most of the tribal girls contribute to the family income by participating in the family occupation and by also engaging in domestic chores. Since a high proportion of them engage in survival tasks, many of them are prevented from enrolling in schools (NSSO, 1990). According to the Jharkhand Economic Survey conducted in 2015-16, the enrolment of girl students at primary and upper primary levels was found to be 50%. Moreover, female literacy in urban areas was 77.5 per cent in comparison to about 55.2 per cent in rural areas. Further, Jharkhand has the highest dropout rate for school children in India (only 30 out of 100 finish school). Dropout rates among Adivasis are the highest among all communities. On the contrary, Jharkhand adopted the Right of Children to Free and Compulsory Education (RTE) Act in 2011 by specifying its own rules and regulations extracted from the original version of the act passed by the parliament. Article 45 of the constitution provides that, “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.” The researcher, therefore, considering the aforementioned information would like to research on the status of girls’ primary education in Jharkhand.

Article 141: Law Declared by Supreme Court to Be Binding on All Courts

The law declared by the Supreme Court shall be binding on all courts within the territory of India. The main object of the doctrine of precedent is that the law of the land should be clear, certain and consistent so that the Courts shall follow it without any hesitation. In India, whenever, a judgment is pronounced on a question of law, the judgment has to refer to some provision in the written law and then proceed to interpret or expound that provision in the written law. There is no provision in the written law of India, on the interpretation of which it can be held that judgments of Single Judges are binding on other Single Judges of the same High Court and that judgments of Division Court are also binding on other Division Courts of the same High Court, but they are not binding on Division Courts consisting of more members than the earlier Division Court. As to the binding nature of decisions of Courts Article 141 of the Constitution is the sole provision and the Constitution deliberately did not go beyond Article 141.

Article 142: Enforcement of Decrees and Orders of Supreme Court and Unless as to Discovery, etc

The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

Article 132 – Appellate Jurisdiction of Supreme Court in Appeals From High Courts in Certain Cases

An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceedings, that the case involves a substantial question of law as to the interpretation of this Constitution.

A Proposal to Adjust the Time-Keeping Systems for Savings in Cycling Operation and Carbon Emission

With the spread of the power transmission networks to thousands of kilometres, the integrated power grid in many countries cover multiple hours in terms of solar position. We present a general mathematical model with multiple time-keeping systems for flattening the electrical load curve in a territory having integrated power grid operations. The multiple time-keeping system areas are set up as a function of both electrical power demand and mean geographical position in longitude. Fluctuation in load results in cycling operation of coal/gas power plants and enhanced carbon emission. In this paper, an attempt is made to quantify the savings in cycling of electrical power plant operation and the associated carbon emission with adjustment of time-keeping systems. For the territory of India, the reduction in cycling operation of power plants by 9% of peak demand is demonstrated.

Leptospira in the different ecological niches of the tribal union territory of India.

Leptospirosis is a widespread zoonotic disease, which has a medical and veterinary importance, and also a commonly re-emerging infectious disease. The main causes of transmission are known; however, the respective prominence of each of the components and the respective environmental risk factors are obscure. Present study was conducted in the different locations (urban/rural/tribal) of the union territory of Dadra and Nagar Haveli (UT of Dadra and Nagar Haveli). Periodical sample collection approach was used to collect the samples from May 2016 to April 2017, to determine the persistence of leptospiral contamination of the environmental sources. The PCR detection and isolation of Leptospira revealed that pathogenic leptospires were present in water, soil and animal urine. The highest positivity was reported from the water of household drainage in urban areas and in the water from rice field of rural areas. The data obtained from the present study may help and guiding in developing preventive measures for leptospirosis in the UT of Dadra and Nagar Haveli.

Inventory of prong-gilled mayflies (Ephemeroptera: Leptophlebiidae) of India with records of endemic taxa

The present study investigated leptophlebiid mayfly in 48 sampling sites from 11 states and one union territory of India including earlier report. It deals with diagnostic characters, diversity, distribution and status of 26 species belonging to 12 genera under two subfamilies of Leptophlebiidae from India. Twenty-three of them are endemic to India inclusive of 15 species and six genera are endemic to the Western Ghats and four species are endemic to the Himalaya. Due to this high percentage of endemism, conservation of habitats and microhabitats harbouring this ancient gondwanan lineage gains priority.

Factors Influencing the Entrepreneurial Culture among the Rural College Students in Puducherry Region: A Study with Garrett Ranking Technique

In today’s competitive world, and based on market economy along with rapid international changes and developments, entrepreneurship is considered as the engine of economic development that can play an important role in the country’s economic growth, employment and social welfare. Puducherry formerly known as Pondicherry is a union territory of India. It was formed out of four regions of former French India, namely Pondichery (Pondicherry; now Puducherry), Karikal (Karaikal), Mahe and Yanaon (Yanam). It is named after the largest district, Puducherry. Historically known as Pondicherry the territory changed its official name to Puducherry in 2006. With many extensions, Govt.of Puducherry is taking lot of efforts to bring entrepreneurial growth in their regions. Creating awareness among students in Higher Education Institutions (HEIs) including rural colleges of Puducherry regions are tremendous. In order to motivate students youth force to turn around as entrepreneur is the prime objectives of the Entrepreneurial Development Cell (EDC), Govt. of Puducherry. It includes Start-up entrepreneurial activities, touch shop, idea generation programme etc., are taking place for influencing students’ community to become as entrepreneur. This study aims to find out the most prominent factors affecting the entrepreneurial development among the rural college students in Puducherry region. For the purpose of the study primary data is collected from One Hundred students through structured questionnaire. The factors to be considered are Risk taking, Economic condition, Entrepreneurial training, and Family background, Confidence, Creativity and Innovation. Simple percentage method and Garett Ranking method were used. The finding of the study shows that Risk taking capacity, creativity and innovative skills are the most affecting factors in developing an entrepreneurship among the students in rural colleges of Puducherry region.