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Who will Judge the Judges? An Appraisal of Bias in the Delivery of Justice
Full text linkThe complex issue of judicial bias is explored in detail, prompting a thorough re-evaluation of legal principles. It examines how bias within the legal system goes beyond the law, touching on culture, politics, ideology, and personal beliefs. The paper highlights the importance of addressing both conscious and unconscious biases in the judiciary while balancing judicial independence with accountability. It discusses the challenges of changing a legal system deeply rooted in tradition and the difficulty of maintaining impartiality while ensuring transparency. The paper also addresses the societal respect for the judiciary that often prevents open discussions about bias and accountability. It looks into the selection and appointment processes of judges, stressing the need for diversity within the judiciary to better represent society’s diverse makeup. Recognizing cultural and racial differences is essential in this effort.Additionally, the paper points out the bureaucratic obstacles to institutional change and advocates for reforms to reduce case backlogs and promote a more diverse bench. It further emphasizes the need for education and training programs to help judges recognize and address their biases. However, the challenge of assessing the effectiveness of these programs is also acknowledged. In conclusion, this paper envisions a judicial system where bias is actively confronted and justice is delivered with impartiality and fairness
Navigating Linguistic Boundaries: Understanding and Addressing School Alienation Among Kannada Medium Secondary School Students in Kasaragod District
Full text linkKasaragod is the northernmost district of Kerala and is also known as Saptha Bhasha Sangama Bhoomi (The place where Seven languages meet). Though the administrative language is Malayalam, Tulu, Beary, Kannada, Marathi and Konkani are also used in Kasaragod. Most of the schools in Kasaragod is in Kannada, Malayalam and English medium. Tulu, Beary, Marathi and Konkani speaking students either studied in English, Malayalam, or Kannada medium. In such schools, students should opt Kannada as their first language. So, Kannada. Tulu, Malayalam, Marathi and Konkani speaking students often face language-related problems within the predominantly Kannada and Malayalam-based educational system. These problems include difficulties in comprehension, communication, linguistic alienation and a sense of cultural alienation. The lack of resources in their native languages, cultural differences, and potential isolation from the mainstream linguistic environment could contribute to this alienation. Indeed, language alienation can contribute to school alienation among students. When students face challenges in understanding or expressing themselves due to linguistic differences, it may lead to feelings of isolation, frustration, and disengagement from the educational environment. So, the investigators conducted a survey in a representative sample of 103 Tulu, Kannada, Malayalam, Konkani and Marathi speaking students studying in Kannada medium in Kasaragod districts to understand the school alienation among students. From the results, it is clear that majority of students show moderate level of alienation. There is significant difference in School alienation among gender. Boys show more school alienation than girls. The results also revealed that there is no significant difference in school alienation among Kannada medium students based on their mother tongue
The Playful Path to Holistic Development: Toy Based Pedagogy
Full text linkThe incorporation of toy-based pedagogy in education provides a distinctive and effective method for promoting the holistic development of children. This article investigated the potential of toys, which are frequently perceived as trivial entertainment devices, to serve as essential educational instruments that facilitate cognitive, social, emotional, and physical development. Toy-based pedagogy is founded on the assertion that play is a fundamental component of learning, which allows children to naturally and pleasurably engage with concepts, develop critical skills, and cultivate a passion for learning. Experiential learning is facilitated by the playful nature of toys, which enables children to investigate, experiment, and comprehend the world at their own tempo. Children cultivate emotional intelligence, creativity, social interactions, fine and coarse motor skills, and problem-solving abilities through both structured and unstructured play. This comprehensive approach guarantees that learning is not limited to conventional academic outcomes but rather encompasses the formation of a well-rounded individual. This article also addressed the role of educators and parents in directing play experiences to optimize the educational benefits of toy based pedagogy. Moreover, it underscored the significance of selecting toys that are age appropriate and consistent with educational objectives, thereby guaranteeing that play is both developmentally enriching and engaging. Ultimately, the article demonstrated that toy-based pedagogy is a dynamic and adaptable educational approach that fosters the holistic development of children, thereby equipping them for future academic and life challenges
The Impact of Covid-19 Pandemic on Children’s Education: A Study of Minority Secondary Schools in Delhi
Full text linkThe global COVID-19 pandemic has severely affected various sectors, including the economy, healthcare systems, and education. As a result of the outbreak, educational institutions worldwide, including schools, early childhood education centres and universities, were compelled to close. This situation has underscored the challenge of balancing two fundamental rights during a global crisis: the right to public health and education, both enshrined in the Constitution of India. Despite constitutional guarantees, the widespread closure of schools has deprived children nationwide of their right to education. This paper examines the repercussions of school closures and community lockdowns on children’s learning, well-being, and protection. Data for this study were collected from a representative sample of students, teachers and principals in secondary minority schools in Delhi. We utilised convenience sampling to select four schools and included students from grades 8 to 12 in the data collection process. One hundred students were randomly selected, with five students from each class. In addition to gathering information from students, we conducted interviews with teachers and school authorities to gather their insights regarding the effect of school closures on student learning, the effects on their teaching methodologies, and the measures implemented to address these challenges
AI in Banking: Navigating the Legal Challenges and Regulatory Compliances
Full text linkThis paper provides an analysis of the legal and regulatory challenges confronting banks as they incorporate artificial intelligence into their operations. It begins by exploring the nuanced landscape of operational risks, cyber laws, and the imperative of robust data protection measures. Further, it delves into the intricate web of compliance requirements, including those outlined in the Prevention of Money Laundering Act and the Negotiable Instruments Act. Additionally, the paper scrutinizes the impact of key legislative frameworks such as the IT Act, 2000, and its Amendment Act, 2008, shedding light on issues ranging from intermediary obligations to encryption standards and liability for cyber-related offenses. This paper also emphasizes the urgent need for clear and coherent statutory guidelines to facilitate compliance and ensure the seamless integration of AI technologies within banking practices
A Theoretical Prospective on the Teaching Effectiveness of School Teachers
Full text linkTeaching effectiveness primarily focuses on the correlation between a teacher’s attitude, teaching methods, classroom atmosphere, and their impact on student learning. It relies on the emotional (Being kind, caring, and empathetic), cognitive (employing innovative teaching approaches, having a strong command of the subject matter), and behavioral competencies (Being patient, punctual, and attentive) of a teacher. A teacher possessing these qualities is referred to as an effective teacher. Effective teachers serve as the bridge between the educational institution and the student, utilizing their teaching abilities to bring out the student’s full potential and enhance the school’s overall effectiveness. Moreover, it is crucial to assess a teacher’s effectiveness in improving the quality of education. Periodic feedback plays a significant role in identifying areas for improvement and creating strategies to address them. Both internal and external factors contribute to the effectiveness of teaching.
In conclusion, teaching effectiveness is a field of study that focuses on a teacher’s professional and personal capabilities. This paper examines the various factors that impact teaching effectiveness and presents modes for measurement. Furthermore, it offers suggestions for improving teaching effectiveness
Transforming Education in India: NEP 2020 and Inclusiveness
Full text linkThe present study examines the impact of the National Education Policy (2020) in creating an inclusive society in India by transforming the education system with its vision, goals, recommendations, and intervention schemes. To conclude, the researchers used qualitative and descriptive approaches, focusing on document analysis. Several research questions were formulated, and research objectives were framed accordingly. The objectives were analysed, and conceptual descriptions were provided accordingly. It has been revealed that we can expect to experience a transformed education system in India that is flexible, inclusive, and skill-based shortly. The study identified that the components of an inclusive society in India include systematic social categorization, social, educational, and economic status of underrepresented groups, social disparity, geographical location, socio-economic gaps among different socio-religious groups, socio-economic disadvantaged groups (SEDGs), the female population, disabled or differently -able children and adults and an inclusive school environment. It also finds that social stratification, cultural diversity, external attributions, hierarchical structures, and the marginalization of social groups, including those defined by caste, gender, and disability, are key sources of exclusion. The intervention programs initiated in line with the vision of NEP 2020 represent a positive approach by policymakers. However, they still need to be adequately implemented due to insufficient funds and specific policy implementation issues. Hence, future research on this issue should focus on stakeholder awareness and implementation challenges to find solutions
Children with Special Needs (CWSN) in the Pandemic mediated Socio-Psychological Emergency: Navigating Social Emotional Wellbeing Challenges
Full text link‘Emergency’ and ‘Regular’ are contrasting in nature in the sense of frequency of occurrence, but human civilization is going through a new discourse of experiences where emergencies are becoming regular phenomena, either natural or man-made. People have witnessed and suffered a different degree of social disaster leading to injury to emotional wellbeing. In the time when normalcy remains being seized off in an emergency, children who belong to the CWSN category with differential ability are becoming marginal among the vulnerable group. In recent pre-COVID years, challenges of emotional wellbeing of children is being acknowledged as global development issues. The wellbeing of Children with Special Needs (CWSN) was fragile enough even before the pandemic episode, and that has not been addressed for long. Social Emotional Wellbeing might be considered as a condition that is sustainable in nature empowers the individual to evolve and thrive and is thus correlated to the kind of accomplishment at personal and interpersonal space, allowing a person to adopt pro-social behaviours, which enable them to maintain positive relationships in the social ecosystem. Contemporary research suggests that the current level of challenges of emotional wellbeing in CWSN children is extremely acute. A narrative review technique has been employed in the present study to explore how the CWSN children have navigated during an emergency. The present researcher searched, identified and selected articles and policy advocacies which focused on the social issues of CWSN. The findings reveal that the nature of complexity of such a pandemic on social emotional wellbeing is extreme and unique for CWSN. It is high time to engage in formulation of new relevant policy and framework for capacity building of other stakeholders to ensure socio-emotional immunity to the children with special needs
Editorial
Full text linkProf. Kahkashan Y. Danyal, Dean, Faulty of law, Jamia Millia Islamia, and Insha Quyoom, Research Scholar, Faculty of law, Jamia Millia Islamia, in their paper titled, “The Impact of Covid-19 Pandemic on Children’s Education: A Study of Minority Secondary Schools in Delhi” highlights the repercussions of closure of schools due to lockdowns to enforce social distancing announced by the Government as a part of government policy to contain COVID-19 that impacted health, wellbeing, economy and above all education and research. The policy planners, health experts, economists and academicians were taken off guard, both in the east as well as in the west, by the countless deaths and serious ailments. The only panacea was found in the preventive measures. These preventive measures might have contained the spread of COVID-19 to some extent but could not prevent the ill effects of these preventive measures. Studies have been conducted to understand the impact of COVID-19 on the economy so that pre-emptive measures are taken to stop the economic meltdown. However, similar robust studies based on the empirical evidence to appraise the ill effects of COVID-19 on education have not been comprehensively conducted in India. The present paper attempts to make a case study of minority secondary schools of Delhi to analyse the impact of the Covid-19 Pandemic on Children’s Education. The data for this study was collected from a representative sample of students, teachers and principals in secondary minority schools in Delhi. The paper brings out international and national laws along with judicial decisions with respect to right to education of children. The paper investigates the effects of the transition from traditional classroom settings to digital modes of education on students attending Muslim minority institutions. The authors roll out the issues and challenges students face while transitioning from an actual classroom setting to a virtual classroom delivery without prior experience or planning. Authors argue that public health issues have created an education deficit, particularly impacting students from lower socio-economic strata. The paper recommends that India must prioritise policy reform and increase investment in education to prevent students from lagging behind.
Marisport A, Assistant Professor of Law, Gujarat National Law University, Gandhinagar, Gujarat, and Gauransh Gaur, Student, Gujarat National Law University, Gandhinagar, Gujarat, in their paper captioned, “Inclusivity in Indian Judiciary: A Study of Contemporary Trends and a Way Forward” observe that the metaphorical link of justice with blindness* is in contrast to society’s ableist mindset that blind people are not suitable for discharging judicial rules. The paper explores systemic biases, accessibility issues, and the representation of differently abled persons in the justice delivery system. The paper highlights the judiciary’s role in upholding constitutional values but in contrast identified the areas where inclusivity remains a challenge, such as considering the persons with disability in judicial services. The paper advocates for structural reforms, increased diversity in appointing persons with disability in the judiciary, and measures to ensure equitable access to justice. The paper emphasizes the need for a judiciary that embodies fairness and inclusivity to uphold democratic ideals. The paper recommends accommodating visually impaired individuals on benches with assistive technologies to ensure this precious human resource is not lost in oblivion.
Prof. G. Shaber Ali, V M Salgaocar College of Law, Miramar, Panaji, Goa and Mrs. Reshma Nikhil Pai Angle, Assistant Professor, S.S. Dempo College of Commerce & Economics, Cuzira, Bambolim, Goa in their paper titled, “Evaluation and Appraisal of Enforcement of Public Interest Litigation in the State of Goa (India),” highlights the importance of PILs in general and in the state of Goa in particular. The paper incorporates an empirical study of the efficacy and functioning of the Goa Bench of Bombay High Court via-a-vis PILs. The authors collected data relating to all the PILs filed in the Goa Bench of Bombay High Court, more emphasis is laid on matters concerning the environment. The authors recommend mass awareness and the opportunity for e-filing the PIL.
Sheikh Inam Ul Mansoor, Assistant Professor of Law, School of Law, Dayananda Sagar University, Bangalore, in his paper titled, “Legal Implications of Deepfake Technology: In the Context of Manipulation, Privacy, and Identity Theft”, observes that Deepfake technology has brought forth numerous challenges to the legal, technological and societal framework in India. The author explores the multifaceted implications of deepfake technology from the perspective of protecting individual and collective rights. The paper examines the existing Indian legal framework. It suggests comprehensive regulatory reforms, including amendments to existing laws and the enactment of new regulations tailored to combat deepfake-related offences and advocates for a more proactive and collaborative approach to safeguard and protect privacy, integrity, and trust in India’s digital ecosystem amidst the evolving challenges posed by the deepfake technology.
Prof. Ishita Chatterjee, SRM School of Law, SRM University of Science and Technology, Kattankulathur, in her paper titled, “Bridging Genetic Resources, Traditional Knowledge and Innovation in the Legal Context” opines that as biotechnology continues to advance, the intersection of genetic resources, traditional knowledge, and innovation poses complex challenges and opportunities. The author advocates for harmonising innovation, traditional knowledge and genetic resources with the objective of maintaining balance between scientific progress and preservation of cultural heritage to attain sustainable development, biodiversity conservation and social equity. The paper explores the significance of genetic resources in biotechnology and the ethical considerations associated with the utilization of genetic materials. It also delves into the challenges of harmonizing genetic resources and traditional knowledge with innovation. The paper suggests strategies for creating a collaborative framework that respects the rights of Indigenous communities, encourages technology transfer and fosters responsible innovation. The author also proposes developing international guidelines and policies that harmonise genetic resources, traditional knowledge, and innovation.
Punam Ahmed, Research Scholar, Department of Law, Gauhati University, Assam, in her paper titled “Examining Indian Laws on Domestic Violence in the Context of Gender Equality”, critically analyses legislative frameworks, including the Protection of Women from Domestic Violence Act, 2005, assessing their effectiveness in addressing societal and systemic challenges. The paper highlights the interplay between legal provisions and societal attitudes, emphasizing the need for robust enforcement, awareness, and gender-sensitive interpretations. The paper underscores women’s empowerment through law but also points out gaps such as underreporting and misuse. The study advocates for comprehensive reforms and education to ensure these laws foster true gender equality and social justice.
Mohammadi Tarannum, Vice Principal, Surendranath Law College, Kolkata, in her paper titled “Cyber Crimes against Women in India: An Analysis”, argues that India has witnessed a significant rise in cybercrime against women. The paper highlights the causes and impacts of cybercrimes against women. It examines the existing Indian legal framework to combat cybercrime against women and the enforcement issues to ensure a safe digital environment for women. The paper provides a snapshot of the judicial contribution in protecting women from cybercrimes and recommends strengthening legal frameworks, judicial innovations, law enforcement reforms, collaborations with technology platforms, awareness and digital literacy, victim support mechanisms, monitoring, accountability and international cooperation. The author opines that by implementing these measures, India can make significant progress in curbing cybercrimes against women and creating a digital ecosystem that ensures security, equality and dignity for all.
Lubna Tanweer, Research Scholar, Jamia Millia Islamia, and Hassana Quadri, Assistant Professor, Amity University, Dubai, in their paper bearing title, “Resolution of Marital Discord under Muslim Law: An Appraisal in Contemporary Context”, observe that religious traditions and rituals are crucial for the formation of modern laws and the evolution of civilisation. The Authors attempt to look at and trace the origins of ADR practices under Islam, their legal sanctity under Islamic law, and their judicial recognition in India. The Authors undertake an empirical study to examine the present status of ADR practices in the Muslim Community in India. The authors find that despite clear guidance in the Holy Quran and Ahadith regarding the adaptation of reconciliation, parties have failed miserably to make an amicable settlement between them in cases of marital discord. The paper recommends that Islamic Institutions and Seminaries, with the help of the Government, must take concrete steps for mandatory amicable settlement to resolve disputes, particularly marital discord among Muslims.
Rakesh Raushan, Assistant Professor of Law, Silver Oak University, Ahmedabad, in his paper captioned “AI in Banking: Navigating the Legal Challenges and Regulatory Compliances”, delves into the legal and regulatory challenges confronting banks as they started incorporating artificial intelligence into their operations. The paper explores nuances of operational risks, cyber security and data protection vis-à-vis the use of AI in banking operations. The paper evaluates the legal intricacies with respect to the adaptation of AI in India’s banking system. The author argues that responsible AI practices are crucial to ensure alignment with societal values, human rights, fairness, and transparency. Ethical frameworks and regulations should guide AI technologies’ development, use, and impact. The author suggests collaboration between banking institutions, AI experts, regulators, and legal professionals to establish clear guidelines, standards, and legal frameworks which should address legal, ethical, and regulatory aspects to ensure successful integration of AI in the banking sector.
Partha Protim Bora, Research Scholar, ICFAI Law School, ICFAI University, Tripura, in his paper titled, “Geographical Indication (GI) Tags and Intellectual Property Rights: An Exploratory Study”, offers a thorough analysis of GI tags, their significance for market value enhancement, consumer protection, cultural heritage preservation and sustainable development. The paper highlights the GI success stories in India along with the limitations and obstacles. The paper proposes increasing public knowledge and protecting India’s wealthy, distinct culture and resources to realize the potential advantages of GI protection worldwide.
Sheikh Inam Ul Mansoor, Assistant Professor, School of Law, Dayananda Sagar University, Bengaluru, Karnataka, in his paper titled “Who will Judge the Judges? An Appraisal of Bias in the Delivery of Justice” explores the complex issues of bias in justice delivery system. The paper delves into numerous categories of biases, the reasons of such biases and their impacts on delivery of justice. The author opines that judicial independence and societal respect for the judiciary often prevents open discussions about bias and accountability of judges, however, an equilibrium must be struck between judicial independence, which remains a cornerstone of democracy, and the imperative of accountability and transparency. The paper suggests for continuous education and training programs to help judges to recognize and address their biases for attaining more impartial and equitable justice delivery system.
Jayeshkumar Shivrambhai Mali, Research Scholar, Institute of Law, Nirma University, in his paper titled, “Bank Fraud: A Study of Economic and Legal Perspectives”, observes that with the advancement of technology, bank fraud cases are growing exponentially and the COVID-19 Pandemic added fuel to it. The author argues that bank fraud is the biggest threat to the economy and is a matter of great concern for National Economic Security. The paper explores the various aspects of bank fraud and how these affect the economy and national security. The paper examines the existing Indian legal and regulatory framework for preventing bank fraud in India. The author suggests that governments, regulatory agencies, financial institutions, and the general public must work together for coordinated efforts to mitigate the risks associated with bank fraud, strengthening cybersecurity safeguards, imposing strict regulatory frameworks, and raising public awareness.
* This old symbol of justice has been now discarded by the Supreme Court very recently. The statue of Lady Justice has been redesigned to reflect a modernised version of justice in India. In the previous version, ‘Lady Justice’ was portrayed with a blindfold over her eyes. The new statue, however, has open eyes, symbolising that “justice is no longer blind
Cyber Crimes against Women in India: An Analysis
Full text linkCybercrime against women is a growing threat in India, exacerbated by the rapid expansion of the digital landscape. Women are subjected to various forms of online harassment, cyberstalking, identity theft and non-consensual distribution of explicit content, which have serious psychological, emotional and social consequences. Despite existing legal frameworks such as the Information Technology Act 2000, women are often inadequately protected due to enforcement problems and gaps in legislation. Addressing this issue requires a multi-pronged approach that includes improving digital literacy, strengthening legal protections and promoting collaboration between government agencies, law enforcement and civil society. By addressing the root causes and implementing comprehensive solutions, we can create a safer and more inclusive digital environment for women in India