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Malik, Neeraj
- Electoral Reforms in India: Aneed of Hour
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1 Department of Law, K.U., Kurukshetra, Haryana, IN
1 Department of Law, K.U., Kurukshetra, Haryana, IN
Source
IAHRW International Journal of Social Sciences Review, Vol 1, No 2 (2013), Pagination: 187-188Abstract
India stands as a model for many emerging democracies around the world. Free and fair elections are the hallmark of a well-functioning democracy. While we are justifiably proud of our democracy, there are a number of areas which need to be strengthened for us to realise the true potential of a well-functioning democracy. There has been a growing concern over the years in India about several aspects of our electoral system. The Election Commission has made changes in several areas to respond to some of the concerns. There have also been a number of committees which have examined the major issues pertaining to our electoral system and made a number of recommendations. But there remain some critical issues that might need action to bring about the required changes.Keywords
Election, Reforms, Democracy, Corruption, Grundnorm, Pro-Active Role.- An Analysis of the Law Relating to the Right of Private Defence in India with Special Reference to Retreat Rule in America
Abstract Views :213 |
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Authors
Affiliations
1 Department of Law, Kurukshetra University, Kurukshetra, Haryana, IN
1 Department of Law, Kurukshetra University, Kurukshetra, Haryana, IN
Source
IAHRW International Journal of Social Sciences Review, Vol 6, No 2 (2018), Pagination: 231-233Abstract
Someone is threatening you with imminent and deadly force. You could safely retreat from the threat but you choose, instead, to stand your ground and meet force by force. In doing so, you kill the aggressor. Are you guilty of murder in America? In most of the United States, the answer is no. By statute, court rulings, or a combination of both, more than thirty states have adopted a 'stand your ground1 i.e., no retreat rule which bars the prosecution of people who use deadly force against a deadly aggressor without first attempting to retreat, or offers such persons a valid self- defence claim against a charge of criminal homicide. By contrast, a minority of states enforce a retreat requirement under which a defendant may not successfully claim self- defence if the defendant could have safely retreated, but did not, before using deadly force against a deadly attacker.Keywords
Retreat Rule, Stand Your Ground Rule, Castle Rule, Indian Law, Social Purpose.References
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- AIR 1970 SC 1079. See also Munshi Ram v. Delhi Adm. AIR 1968, SC 702 and Krishna v. StateofRajas than. AIR 1962 SC
- Blackstone, Commentaries on The Law of England, (1830), p. 185
- John D. Mayne, The Criminal Law of India, (1904), p. 460
- Laney v. United States, 54App. D.C. at 58-59,294 F. at 414-15 (1923)
- CrLJ661at665(SC)
- Sanford H. Kadish, Encyclopedia of Crime and Justice, Vol. Ill, New York, (1983), p. 949
- The American Law Ins titu.te,ModelPenal Code, (1962)