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La Senatus Scriptors Volume 1 Issue: 2 June-July, 2020 LA SENATUS SCRIPTORS LAW JOURNAL VOLUME 1: ISSUE 2 June-July, 2020 Note from the Editorial Board LSSLJ is an open access, standard peer-reviewed journal. This platform encourages expressionism from young minds.. Research topics are not explored just by lawmakers but the society at large in this technologically-backed and ever-changing framework. Research topics are not explored just by lawmakers but the society at large in this technologically-backed and ever- changing framework. Research topics are not explored just by lawmakers but the society at large in this technologically-backed and ever-changing framework. A publication in this journal equips one to write flawlessly and aids in claiming proficiency. The Editorial Committee attaches a report along with research manuscripts. This report is the key for students to know their level of commitment and excellence. We, La Senatus Scriptors engage ourselves in appreciating every student’s blood and sweat in research work. We, La Senatus Scriptors engage ourselves in appreciating every student’s blood and sweat in research work. This platform encourages expressionism from young minds. It is believed that in order to have perfect articulation, one must know to write remarkably. We have imbibed this principle and are looking for the same in young, vibrant and passionate lawyers. Legal field is itself a beautiful patchwork of distinguished lawyers. We are pleased to provide this platform for igniting the same spirit of lawyerism. We motivate budding lawyers by masterminding novel competitions The Editorial Committee, La Senatus Scriptors www.lasenatusscriptors.com LA SENATUS SCRIPTORS LAW JOURNAL VOLUME 1: ISSUE 2 June-July, 2020 Disclaimer La Senatus Scriptors do not reserve any rights for any person to reproduce or copy either partially or completely or to distribute by words or expressions in traditional, electronic or in any manner. If the need arises for the same, prior permission must be obtained via mail from the Publisher and the Chief Editor of La Senatus Scriptors. All rights under the ambit of copyrights are exclusively to La Senatus Scriptors. The views expressed through the manuscripts are the opinions of the authors and neither the publisher nor the Editorial Crew is responsible for the same. The authors shoulder the responsibility for the expressionism they exhibit. The Editorial Crew takes exhaustive efforts to make sure the genuinety of the matters presented in the manuscript. However, if there's any divergence in the manuscripts from the ethical guidelines and policies of La Senatus Scriptors, the authors are liable for the same and it has been obtained as a guarantee via the Declaration Form. www.lasenatusscriptors.com LA SENATUS SCRIPTORS LAW JOURNAL VOLUME 1: ISSUE 2 June-July, 2020 INDEX I. AN ANALYTICAL STUDY ON THE ROLE OF MICROFINANCE FOR EMPOWERING WOMEN IN INDIA .................................................................................... 4 II. DOMESTIC VIOLENCE: CRUELTY WITHIN FOUR WALLS .................................. 16 III. ENCUMBRANCE OF INDIAN E-COMMERCE COMPANIES UNDER COPRA 2019: A COMPARATIVE STUDY OF INDIA AND THE UNITED STATES OF AMERICA ................................................................................................................................... 57 IV. EVOLUTION OF TRANSGENDER RIGHTS ................................................................ 105 V. LGBTQA- THE OVERLOOKED COMMUNITY IN INDIA ......................................... 94 VI. MARITAL RAPE: THE RIDICULE OF THE FLAWLESS INDIAN LEGAL SYSTEM ....................................................................................................................................... 44 VII. OVERVIEW OF INDEMNITY AND GUARANTEE AND DIFFERENCE BETWEEN THEM .................................................................................... 178 VIII. PHYSICAL DISTANCING LEADING TO COMMUNAL APATHY, ................. 89 IX. RETHINKING OF THE NEED OF CAPITAL PUNISHMENT IN INDIA ............ 163 X. ROLE OF DOWRY AS INDICATORS OF SOCIAL CHANGE IN INDIA ............. 152 XI. ROLE OF THE JUDICIARY FOR PROTECTING THE RIGHTS OF THE PRISONERS ................................................................................................................................ 79 XII. SECTION 377 “A DIGNITY OF HOMOSEXUALIES’’ ................................................ 207 XIII. SENTENCING IN INDIA: A Critical Insight ...................................................................... 134 XIV. TRIPLE TALAQ AND A LIGHT ON ITS JUDGEMENT ........................................... 189 XV. UNTOUCHABILITY IN INDIA – A DISCUSSION ON LEGAL, SOCIAL AND HISTORICAL ASPECTS OF THE LARGEST PROBLEM OF INDIAN SOCIETY ...................................................................................................................................................... 119 XVI. VIRAL JUSTICE - IS IT THE NEW REALITY OF SOCIAL MEDIA TRIALS FOR WOMEN LIBERATION MOVEMENTS ? ......................................................................... 31 www.lasenatusscriptors.com LA SENATUS SCRIPTORS LAW JOURNAL VOLUME 1: ISSUE 2 June-July, 2020 AN ANALYTICAL STUDY ON THE ROLE OF MICROFINANCE FOR EMPOWERING WOMEN IN INDIA Raj Srivatsava* ABSTRACT In this paper I have discussed the structuring of microfinance and how microfinance deals with the empowering of microfinance. NGOs play a vital role in microfinance to empower poor and needy people’s especially women in rural areas. It is one of the crucial factors which are dominated by many programs, schemes, and mainly self-help group. This paper also finds to examine the poverty alleviation, socio-economic, and empowerment of its beneficiaries. This the paper is a humble attempt to address the issue for poverty, why only women face a lot of problems in rural areas more than urban areas, there were limited access of women to housing, their dependency land. This paper also examined the initiative taken by the microfinance institution and some of the steps are taken through social, economic empowerment which results in their own role in rural areas. KEYWORDS: Microfinance, Microfinance Institutions, Micro-credit, Women Empowerment TABLE OF CONTENTS I. INTRODUCTION………………………………………………………………………………….6 II. ORIGIN OF MICROFINANCE……………………………………………………………………7 III. MICROFINANCE INSTITUTION………………………………………………………………...7 IV. ROLE OF MICROFINANCE IN WOMEN EMPOWERMENT………………………………….9 V. EMPOWERING WOMEN THROUGH MICROFINANCE………………………………………10 VI. CONCLUSION…………………………………………………………………………………….15 VII. SUGGESTIONS……………………………………………………………………………………15 * Galgotias University www.lasenatusscriptors.com LA SENATUS SCRIPTORS LAW JOURNAL VOLUME 1: ISSUE 2 June-July, 2020 I. INTRODUCTION In India, more than 325 million people live below the poverty line, and 70 percent of the world’s poor are women. Many don’t have access to financial services due to this they used to have trouble saving money and they were looking for a way to build up their savings, so in this situation, microfinance plays a major role to help out those needy peoples. In the field of microfinance, there were surveys going on but according to the Global Findex survey, there was only 5 per cent of women’s who receive bank loans in their account as compared to 11 percent in China and also according to the sixth economic census only 98 per cent of women work in the informal sector out of which they prefer entrepreneurship in India1. Microfinance is the basic structure of financial services to the poor. These financial services may take the form of micro-savings, microcredit, and micro insurance. Microfinance also refers to microcredit2. Microfinance is commonly used in consigning issues related to poverty alleviation, financial support to micro-entrepreneurs, gender development, etc. It is one of the most management present in emerging countries and developing countries (mainly in India and Africa). Microfinance plays a vital role in increasing women’s participation in economic activities and decision making in which poor women who have the opportunities to access credit or avail loans to get rid of poverty by creating job opportunities other than their traditional households responsibilities but this time women have something for themselves and their children without too much becoming depending on their husband’s salary or income. According to Merriam Webster, it states, “The act or action of empowering someone or something which granting of the power, right, or authority to perform variously acts or duties”. Hashemi, Schuler, and Riley (1996) added that empowerment strengthens the innate by way of acquiring knowledge, power, and experience while Baltiwala (1994) stated that it also includes control over resources that are physical, human intellectual, and financial and over the ideology that is beliefs, values, and attitudes. Nevertheless, Mayoux (2000) gave three common notions in empowerment that is change, choice, and power. 1 H.P Singh, Microfinance and Women Empowerment, Financial Express (Jan. 23, 2019, 5:58 PM), https://www.financialexpress.com/industry/why-micro-finance-and-women-empowerment-go-hand-in- hand/1452759/ 2Microfinance,https://www.ada-microfinance.org/en/about-ada/definition-of- microfinance#:~:text=Definition%20of%20microfinance%20%3A,having%20little%20or%20no%20income. www.lasenatusscriptors.com LA SENATUS SCRIPTORS LAW JOURNAL VOLUME 1: ISSUE 2 June-July, 2020 II. ORIGIN OF MICROFINANCE In 1976, Dr.MohammedYunus who is the Godfather of