Protection of the Elderly Consumers: Issues and Challenges

-- Bhavani Prasad Panda, Manoj Manjari Patnaik and Minati Panda

In the changing market economy and globalization, the elderly consumers are an important segment but are most vulnerable. Demographic statistics project a phenomenal rate of growth of elderly consumers. The vulnerability of the elderly consumers is coupled with complexities of psycho-socio-economic, including legal, paradigms of the global market. They are easy victims of fraud, deception, cheating, unfair trade practice and similar activities of the market. They are susceptible to various ploys of the market because of their declining health, social isolation, psychological loneliness and illiteracy associated with lack of right knowledge of the time and tide of the market. The changing family and social structure emanating from globalization is a contributory factor to the helplessness of the elderly. There are many aspects of life which drag the elderly consumer to be a compulsive partner of the market in sectors like health, travel, medication, education, housing, etc., where he/she does not find himself/herself as ‘consumer the king’ but a ‘hapless consumer at risk’. This paper attempts to analyze the various challenges that the vulnerable elderly confront and throw light on the issues relating to consumer protection.

© 2013 IUP. All Rights Reserved.

Application of Human Rights in Criminal Justice

--S V M Kamasai

The international human rights instrument contains the postulate that the criminal justice system should be fair, in the sense, that it must be devised in accordance with the principles of natural justice. Every human being under the international human rights instruments has been guaranteed the inherent right to life, and the state has an obligation to protect this right. The broader implication of this right is that the inherent dignity should be protected by the state with which one can lead his life decently.

© 2013 IUP. All Rights Reserved.

The Need for Uniform Civil Code

--L V K Prasad

India is a secular state that means the state does not owe loyalty to any particular religion and has no religion of its own. It protects all religions equally without any discrimination. All religions are governed by their personal laws. According to these laws, the conditions for marriage, divorce, adoption, maintenance, etc., vary from one religion to another, resulting in several problems and matrimonial conflicts. Article 44 of the Indian Constitution directs that “The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. The judges, jurists, academicians and other distinguished personalities favor and strongly support the implementation of the uniform civil code. Article 44 under the Directive Principles of State Policy is not enforceable and an individual cannot approach the courts for enforcement of Article 44. This can be achieved only by a strong political will.

© 2013 IUP All Rights Reserved.

Role of ICANN in Internet Domain Name Dispute Resolution

--S V Damodar Reddy

The Internet Corporation for Assigned Names and Numbers (ICANN) is an apex authority responsible for the administration of domain names, IP address numbers and protocol parameters. The domain name is much like an entry in a phone book. Computers communicate by using numbers called IP addresses to contact each other, much like we use a phone number to dial a specific person’s phone. There are numerous domain name disputes that have come up for consideration of courts all over the world. To name a few, Intermatic vs. Toeppen, Actmedia Inc. vs. Active Media Int’l, Inc., Panavision vs. Toeppen in the USA, British Telecommunications Plc. vs. One in a Million Ltd., Marks & Spencer’s vs. One-in-a-Million in the UK; and Yahoo.com vs. Akash Arora, Rediff Communication vs. Cyberbooth & Anr, Tata Sons Ltd. vs. Monu Kasuri & Others, Satyam Infoway Ltd. vs. Sifynet Solutions Pvt. Ltd., in India are of importance. It was held that Internet domain names are subject to the same legal norms applicable to other intellectual properties such as trademarks.

© 2013 IUP. All Rights Reserved.

Effect of Explosive Remnants of War on Women’s Life

--Ch Lakshmi

The quandary of Explosive Remnants of War (ERW) is not new. It has been a byproduct of every warfare and has a severe impact on the civilian society. Stepping on a landmine can have a shattering effect on individuals. Although war ends, its repercussions are great and take a toll on the human beings either with or without their knowledge. Women are also often heavily affected by ERW either directly or indirectly. Though the Law of Armed Conflict specifies the legal obligation of the parties to the conflict, through various Conventions, Protocols and Resolutions, in reality the parties to the conflict totally fail to observe these obligations when seriously involved in their tasks. Many civilians are affected due to their ignornce of ERW. Hence, Mine Action Programs and Development Programs have already been undertaken and implemented by the United Nations and International Committee of the Red Cross by educating civilians, including women, to know the effect of ERW and involve them in the reconstruction process.

© 2013 IUP. All Rights Reserved.