GLS Law Journal https://glslawjournal.in/index.php/glslawjournal en-US editorglj@gmail.com (Dr. Mayuri Pandya) s********i@gmail.com (Shanti P Chaudhari) Sat, 26 Feb 2022 05:19:31 +0000 OJS 3.1.2.1 http://blogs.law.harvard.edu/tech/rss 60 Death Penalty, a Failed Deterrent? https://glslawjournal.in/index.php/glslawjournal/article/view/54 <p><em>Morality is a dubious concept, what is moral for one may be immoral for another. The nation breathes a sigh of relief when the most heinous offenders receive the death penalty. There is a sense of reassurance that justice has prevailed and similar potential criminals would have a chill run down their spine should they even consider to transgress and act likewise. Deterrence is an important aspect of criminal jurisprudence. This research paper seeks to dispel some, if not all notions in support of capital punishment. The article relies on studies by Amnesty International, World Trade Organization’s research on 11 countries and the crime rates after abolition of the death penalty and NLU Delhi’s 39A Report. The article primarily focuses on the major aspects of relation of death penalty and crime rates, the economic disparity which exists among individuals on the death row in India and the major controversy with regard to death penalty which is the irreversible nature of the punishment. If the State has no power to give life, how can it take life away from individuals? The paper seeks to give another perspective to the death penalty with a more devil’s advocate approach different from the views echoed by the majority.</em></p> Ajay Kumar, Kamshad Mohsin Copyright (c) 2022 GLS Law Journal https://glslawjournal.in/index.php/glslawjournal/article/view/54 Mon, 21 Feb 2022 15:52:39 +0000 Legal Protection on Women’s Property Rights as Panacea to Poverty Reduction and Environmental Sustainability in Uganda https://glslawjournal.in/index.php/glslawjournal/article/view/55 <p><em>The exclusion of women from owing and inheriting land in Uganda through Customary law and discriminatory practices has continued to generate debates among scholars. The practice has provided basis for women’s economic dependability on men and their exclusion in decision making process in the Uganda society thereby increasing their poverty level and harsh economic condition. The writer relies on historical and content analysis methods to examine the provisions of the 1995 Constitution of Uganda in conjunction with religious ethics, the 1998 Land Act and international human rights norms on women’s property rights. The paper analyses the provisions of law and religion on women’s property rights, the challenges facing women’s property rights and how law and religion can guarantee the protection of women’s property rights. The paper examines how the protection of women’s property rights serves as measure for poverty reduction and environmental sustainable in Uganda. The paper establishes that inclusion of co-ownership clause in the Land Act will promote women’s participation in decision on land matters and that religion practices will guarantee equality of women with men. The paper demonstrates that lack of clear legal definition of women’s property rights and the continued application of outdated laws impede their protection, exposes them to poverty, leads to low agricultural productivity and it creates environmentally unsuitable farming practices in the country.</em></p> Hanafi Adekunle Copyright (c) 2022 GLS Law Journal https://glslawjournal.in/index.php/glslawjournal/article/view/55 Mon, 21 Feb 2022 15:57:56 +0000 Climate Change a Concern of Peace and Security: Relooking at Environmental Security https://glslawjournal.in/index.php/glslawjournal/article/view/56 <p><em>Climate change is an issue of global socio-economic, political and legal importance to governments and businesses across the world. Climate change has grave implication on lives and livelihoods by disturbing the biodiversity. </em><em>It also causes great environmental concern, as it has the potential to directly pose threat to the primary needs of human society. It has also the potential to cause scarcity of natural resources, primarily due to the failure in demands, thus, resulting in environmental insecurity. Such a situation may act as risks to the stability of societies, leading to possible violent conflicts among them, while threatening human security. The paper highlights the problem of climate change through evidence based global projection of climate change indicators published in reports of various international bodies and research organisations and&nbsp; how the threats play a role of&nbsp; multiplier to environmental insecurity and the way forward and effective strategies to mitigate the global concern. </em></p> Parvesh Shaikh, Sushma Saggu Copyright (c) 2022 GLS Law Journal https://glslawjournal.in/index.php/glslawjournal/article/view/56 Mon, 21 Feb 2022 16:04:40 +0000 Access to Justice: How Far it is a Human Right? https://glslawjournal.in/index.php/glslawjournal/article/view/57 <p><em>Access to justice is one of the constitutionally recognized fundamental and human rights. Access to justice means to reach justice easily by legally proceedings in appropriate time and place. Delivery of justice should be impartial, and also take all necessary steps to provide transparent, effective, fair and accountable service to all people irrespective of caste, colour, sex, religion, economic status etc that promote access to justice. legal aid programs and campaigns are a central component of strategies to enhance access to justice for every person. Access to justice is often used as a term for access to the formal institution of the legal system by those in search of a legal remedy either by individuals or collectively or constitutional challenges. It is essential today that the effectiveness of the rule of law should go hand in hand with access to justice.</em><em> The Constitution of India has provided for Article 39A, Article 14, and Article 21 that guarantee the citizens the right to access to justice. &nbsp;Yet, access to justice as a human right remains problematic in international as well as national law.&nbsp;</em></p> <p><em>In this article, I explore the reasons why access to justice is not being delivered to many? The popular reasons include low level of awareness about the functioning of the legal system in India, high costs quoted by lawyers and delays in passing judgements that make it heavily inaccessible to justice.</em></p> Sheeba Varghese Copyright (c) 2022 GLS Law Journal https://glslawjournal.in/index.php/glslawjournal/article/view/57 Mon, 21 Feb 2022 00:00:00 +0000 Impacts of Covid-19 on Development of Legal Research in Nigeria https://glslawjournal.in/index.php/glslawjournal/article/view/58 <p><em>The Corona Virus pandemic otherwise known as (COVID-19) has been described as the most devastating health crisis in the last 100 years. It negatively impacts not only on health also on social, economic and wellbeing of the global population.&nbsp; The government through its efforts to curtail the spread of the pandemic has diverted and prioritised resources meant for legal research to fight COVID-19. A doctrinal and non-doctrinal research methods of gathering data were adopted. The quantitative data was obtained using questionnaires as a legal research tool on thirty (30) researchers within the six geopolitical zones in Nigeria. The data were analysed using descriptive statistics and content analysis. This is to provide an overview of how the government’s response to COVID-19 is affecting legal research and development in Nigeria.&nbsp; The paper finds that little attention is being paid by the Government to legal researchers in term of research funds and grants. The paper recommends equal balance of the Government intervention particularly in the era of pandemic. It is of the view that such legal projects are essential and can be useful to establish policies, strategies and action plans that will cater for our nation in the event of a future pandemic.</em></p> Kudirat Magaji W. Owolabi Copyright (c) 2022 GLS Law Journal https://glslawjournal.in/index.php/glslawjournal/article/view/58 Mon, 21 Feb 2022 16:12:36 +0000