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Full text linkProf. Arvind Jasrotia, Department of Law, University of Jammu, and Ms. Preetinder Pal Sodhi, Research Scholar, Department of Law, University of Jammu, in their paper titled, “UAPA in Jammu and Kashmir: A Functional Analysis” observe that a democratic country must balance the preservation of its sovereignty and integrity with the freedom of her inhabitants to freely express themselves. The paper makes a comprehensive analysis of the UAPA’s legal framework with an emphasis on its key provisions, including the authority provided to law enforcement organizations, accompanying threats to constitutional rights and due process inherent in its application. The paper provides a snapshot of the assessment of UAPA cases in Jammu and Kashmir. The authors have suggested changes in the law so as to make it in harmony with the international human rights standards, and bring clarity inter alia in the definition of ‘terrorist activities’, enlarge the scope of judicial review, protection against arbitrary imprisonment, and a provision for compensation in the event of false or abusive framing of innocents.
Prof. Preeti Misra, Dean, School of Legal Studies and former Head, Dept. of Human Rights, Babasaheb Bhimrao Ambedkar University, Lucknow, and Shivpriya, Research Scholar, Dept. of Human Rights, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow in their paper titled, “Interrelationship between Climate Change and Women\u27s Health: A Study in Human Rights Perspective”, examined the heightened vulnerability of women to environmental disasters and extreme weather events stemming from economic hardship, sexual and reproductive health issues, gender discrimination, and limited social mobility. The authors have argued that such differential impacts are excluded from governmental data and academic literature. The paper suggests that prioritizing gender justice by increasing cognizance of differential climate change impacts and ensuring representation of women in climate policymaking are vital for equitable and sustainable development.
Prof. Badar Ahmad, Department of Law, Aligarh Muslim University and Nazrana Ahmad, Research Scholar, Department of Law, Aligarh Muslim University in their paper captioned “Women\u27s Reproductive and Health Rights: An Appraisal of Competing Interests” delves into the complex landscape of reproductive rights and women\u27s health in India, analysing how ensuring comprehensive access to reproductive health services and upholding reproductive rights are essential in advancing the Sustainable Development Goals (SDG). The authors have undertaken an analysis of data, laws, policies, and landmark judgments to bring to fore their limitations and suggested strategies to address them. The paper argues that reproductive and health rights are critical components of sustainable development, with women occupying central roles in pathways to sustainability and environmentally responsible transformation, there is a need to further augment these rights.
Dayananda Murthy, Associate Professor of Law, Damodaram Sanjivayya National Law University, Visakhapatnam, in his paper titled “Judicial Conduct: A Rethinking in Creating Public Confidence” argues that to promote the public trust in the judicial system, refinement of the judicial conduct is highly necessary. The author opines that regulation of the judicial conduct is vital to accomplish the values and virtues of the judges. The author in his paper examines the important elements required for the enhancement of the public trust in the judicial system.
Iftikhar Hussain Bhat, Assistant Professor, School of Law, University of Kashmir, has authored the paper titled, “A Critical Review of Legal Challenges and Opportunities in Transboundary Environmental Impact Assessment”. The author opines that the Transboundary Environmental Impact Assessment (EIA) is a critical tool for evaluating the potential environmental effects of projects that extend across national borders. The paper undertakes a comprehensive evaluation of the challenges and opportunities inherent in Transboundary Environmental Impact Assessment, delves into the intricate intersection of international law, judicial approaches, and analyses the evolving landscape of cross-border environmental governance. The paper examines the key findings and their implications for policy, law, and practice, and offer insights into the dynamic trajectory of transboundary EIA. The paper articulated a roadmap for navigating the challenges and capitalizing on the opportunities in transboundary EIA. The author argues that by synthesizing legal, technological, and practical measures a holistic approach can be adopted that will address the challenges and seize opportunities in the pursuit of sustainable and effective transboundary EIA practices.
Prof. Qazi Mohammed Usman, Faculty of Law, Jamia Millia Islamia, New Delhi and Tauseef Ahmad, Ph.D. Scholar, Faculty of Law, Jamia Millia Islamia, New Delhi in their paper with the title, “A Study of Emerging Trends of E-Banking Frauds in India” argue that e-banking has brought forth convenience and efficiency, nevertheless, it has also presented many challenges for regulators. The authors analysed the challenges of e-banking and future potential of electronic banking frauds in India. The paper has raised numerous current issues with respect to e-banking frauds and puts-forth possible suggestions for tackling e-banking frauds.
Prof. Shrinaag Arun Panchbhai, Head of Department, Forensic Law, Institute of Forensic Science, Mumbai, Prof. Rajeshri N. Varhadi, Department of Law, University of Mumbai, and Arzin Abdul Khalique Ansari, Ph.D. Research Scholar, Department of Law, University of Mumbai in their paper titled, “Legal Implications of Creation of New States in India: A Study” brings out the differences between “Union of States” and “Federation of States” and the importance of selecting the term “Union” rather than “Federation” in the Indian Constitution. The authors argue that new states are founded in India with the purpose of enhancing and protecting the various cultures, languages, or scripts that are associated with each of the states, and this approach not only protects the unique characteristics of India, but it also contributes to the maintenance of the country’s customs, traditions, and languages. However, the authors raised concerns that carving new states from existing ones in India is a complex issue, often fraught with opacity and legal landmines. Public involvement in the process is often minimal, breeding whispers of bias and injustice. This lack of transparency can ignite legal battles over border demarcation, water rights, and the equitable sharing of resources. The paper suggests few measures for robust legal frameworks for new state creation in India.
Dr. Pallavi Devi, Assistant Professor, Department of Law, Gauhati University, in her paper titled, “Expanding Horizons of Basic Structures of Constitutionalism: A Study of Evolving Trends”, explores the evolution of the ‘Basic Structure’ concept through judicial interpretation by the apex court of the country. The paper provides a new perspective to the concept of ‘Implied Limitations’ for the legal and judicial coparcenary. The author argues that with limitless amending power of parliament, the rule of law will itself disappear in the foreseeable future. Basic Structure Doctrine postulates a vibrant democracy free from bias that augers well for the unity and integrity of the country.
Dr. Sheikh Inam Ul Mansoor, Assistant Professor Law, School of Legal Studies, REVA University, Bangalore, and Ishfaq Ahmad Khan, Ph.D. Research Scholar, School of Law, University of Kashmir, in their paper bearing title, “An Interface Between Digital Privacy and Human Rights: The Challenges Ahead”, observes that in the contemporary digital era, the intricate equilibrium between digital privacy and fundamental human rights has risen to the forefront of societal concerns. This paper encapsulates the rationale behind preserving privacy and explores the emerging legal principles, such as accountability and individual autonomy in the management of their personal data. The authors have put forth in-depth analysis of emerging privacy issues in the digital world and the existing Indian legal framework with respect to online privacy protection. The paper advocates for the establishment of a global coalition comprising willing regulators, erudite scholars, and representatives of civil society, all dedicated to vigilant oversight and unwavering resistance against any endeavour aimed at gradually eroding the cherished liberties of the global populace.
Prof. Javaid Talib, Department of Law, Aligarh Muslim University and Naseem Tabrez, Research Scholar, Department of Law, Aligarh Muslim University in their paper titled “Telemedicine Practice in India: A Review” observe that telemedicine has brought forth numerous advantages, such as, increasing access to effective, efficient, and high-quality healthcare; elimination of gaps in health care that are caused by social class, location, and ethnicity; reducing long waiting times, rigid scheduling, transportation issues, and frequent follow-up; collaboration between healthcare professionals, which allows them to exchange information, get second opinions, and consult specialists without being physically constrained. However, the authors raise concern about infrastructure limits, appropriate legislation, and data security in telemedicine practice in India. The authors have pleaded that it is essential to incorporate telemedicine into medical curricula, training programs, and standardized criteria to guarantee safe and dependable telemedicine services. According to the authors reviewing health insurance regulations to incorporate telemedicine payment and resolving privacy concerns with secure data transmission methods are crucial for broader adoption of telemedicine in India.
Dr. Indu Bala, Assistant Professor, Chandigarh Law College in her paper titled, “Legal Measures for Poverty Alleviation in India: A Study”, highlights causes of poverty and Indian Governments approach for poverty alleviation. The author expressed that eradication of poverty remains a major challenge of planned economic development. Experiences of different states in terms of economic growth and poverty reduction have been so varied that it is difficult to offer any general policy prescription. The author analyses various laws and government schemes in India for poverty eradication and suggests measures to be taken for effective poverty alleviation in India.
Dr. Sajandeep Kinra, Punjab Civil Secretariat, Chandigarh in his paper titled, “Role of Indian Judiciary in Protecting Poor People”, discusses at length various cases pertaining to protection of poor by Indian judiciary. The author argues that poverty is indisputably the most potent violation of all human rights and constitutes a threat to the survival of the greatest numbers of human population. The impact of the poor friendly decisions of the Supreme Court have been pivotal in ameliorating poverty over the years. The author suggests that corruption control and mass awareness are the key elements for future eradication of poverty in India
A Interface between Digital Privacy and Human Rights: The Challenges Ahead
No full textIn the contemporary digital era, the intricate equilibrium between digital privacy and fundamental human rights has risen to the forefront of societal concerns. This paper delves into the multifaceted dimensions of this intricate nexus, offering a comprehensive analysis of the myriad challenges, legal frameworks, advocacy endeavors, ethical contemplations, and forthcoming trends that shape the intersection of digital privacy and human rights. Privacy assumes a position of paramount significance as it serves as a bulwark safeguarding an individual’s most intimate sphere, encompassing their physical being, familial ties, interpersonal relationships, material possessions, and personal information from unwarranted or unforeseen external encroachments. Privacy is the foundational prerequisite for the enjoyment of other hard-earned liberties, including the right to unfettered expression and protection against discrimination predicated on variables such as gender, race, sexual orientation, political affiliations, and religious beliefs. This fundamental verity is undergoing scrutiny in an era where individuals involuntarily reveal substantial facets of their lives due to their participation in the digital landscape. However, in a world where participation in the digital society and economy has become virtually ubiquitous and, essentially, obligatory, the privilege of privacy must not be a domain solely for those possessing the means to secure it. In a milieu where the collective memory of the monumental human-made catastrophes of the twentieth century slowly fades, the demand for safeguards against unwarranted intrusions into the private domains of individuals by influential state entities and corporate conglomerates has never been more pronounced. The convergence of political malevolence and technological omnipotence poses a palpable and immediate threat. This article encapsulates the rationale behind preserving privacy and introduces emerging legal principles, such as accountability and individual autonomy in the management of their personal data. It advocates for the establishment of a global coalition comprising willing regulators, erudite scholars, and representatives of civil society, all dedicated to vigilant oversight and unwavering resistance against any endeavors aimed at gradually eroding the cherished liberties of the global populace
A study on attitude towards IT among pupil teachers and teachers’ Educators
Full text linkThe present study aims to study the attitude of pupil teachers and teachers’ educators towards IT. For this study, the investigator used a judgmental sampling technique, and she collected 55 samples, of which 14 were males and 41 were females. An independent t-test was used to analyze the data. The “Attitude Scale Towards Information Technology for Teachers,” designed by Drs. Nasrin and Fatima Islahi have been employed to collect data. There are 30 items, including four dimensions, in the research tool.The study found that Attitudes towards IT among pupil teachers and teachers› educators did not differ with respect to gender and locality
Judicial Conduct: A Rethinking in Creating Public Confidence
Full text linkThe very edifice of Indian democracy is judiciary. The subordinate judiciary is said to be the kingpin in the hierarchical system of administration of justice. The role of the judges and their judicial integrity has to be displayed magnanimously. Any conduct of judge is under the radar of public scrutiny. So, confidence building is a continuing effort and a most important driving force. Refinement of the judicial conduct is necessitated in order to promote the trust of the public in the judicial system. The regulation of the judicial conduct is required to accomplish the values and virtues of the judges. The “Bangalore Principles of Judicial Conduct” intends to conceive the ethical standards for the judges. The expectation from a judge is of being independent, impartial, having integrity and creating confidence in the public. The morality and integrity of the judiciary is of utmost importance in any modern democratic society. A Judge shall exercise competence and diligence in performance of the judicial office. A judge is predictable self-restrictions and the conduct shall be consistent with the dignity of the judicial office. Judiciary shall bear the prime responsibility for the promotion and maintenance of highest standards of judicial conduct. Judge should never allow private interest or interest of the family members to override the prestige of the judicial office. Lack of integrity and character of the judge will affect or agitate the confidence of the litigating public. A greater responsibility is imposed on the trial court judge, who will have day-to-day contact with the litigant during the court proceedings. This responsibility is to build an atmosphere of trust amongst all the stakeholders in the judicial system. The author in this paper examines the important elements required for the enhancement of the public trust in the judicial system and the judicial response in upholding the ethical values
Expanding Horizons of Basic Structures of Constitutionalism: A Study of Evolving Trends
Full text linkThis paper highlights that in the India’ s constitutional framework, the judiciary stands as a bastion of constitutional supremacy, wielding the power to scrutinize and invalidate legislative and executive actions that contravene the sacred tenets enshrined within the Constitution. Inspired by the American Constitution and articulated by Chief Justice Marshall in the watershed Marbury v. Madison case of 1803, the concept of judicial review underlines the inviolable nature of constitutional principles, proclaiming legislative transgressions as null and void. This paper highlights what is central to this discourse is to maintain the delicate balance among the legislature (L), Executive (E), and the Judiciary (J). Each of this wing of the government is envisioned as equal and coordinated entities tasked with upholding the principles of separation of powers and checks and balances. Herein lies the crux of the perennial question: to what extent can the judiciary scrutinize the validity of laws enacted by the parliament and state legislatures without encroaching upon their domains? This tension often manifests as a confrontation between the Supreme Court of India and the executive and parliamentary branches, accentuating the judiciary’s pivotal role in safeguarding constitutional integrity. This paper stress the preambular mandate of the Indian Constitution, which heralds India as a Sovereign Socialist Secular Democratic Republic, where post Maneka Gandhi case of 1978, the judiciary assumes the role of championing socialist ideals, particularly the eradication of poverty and the elevation of the working class. This necessitates legislative initiatives such as land reforms aimed at redistributing excess land to the landless, abolishing feudal structures like the zamindari system, and nationalizing the bank… etc. However, the executive’s reluctance to fully implement these reforms brings out a fundamental tension between constitutional aspirations and political expediency. Judiciary in Golak Nath case pointed out that Article 368 consists only ‘procedure’ to amend the constitution and the ‘power’ to amend to bring substantive changes is absent. Judiciary pointed out that the main object of Article 13 is to secure the paramountcy of the Constitution in regard to the fundamental rights. This paper also emphasised how the Judiciary exhibited foresightedness and creativity by employing the doctrine of prospective overruling. Consequently, Parliament responded with the 24th amendment, altering Article 368 to replace ‘Procedure’ with ‘Power’ concerning Parliament’s ability to amend the Constitution. Additionally, parliament also amended Article 13 to shield it from judicial review, thus seemingly curtailing the Judiciary’s authority. However, the Judiciary remained steadfast in its stance. In contrast, the Keshavananda Nanda Bharti case marked a pivotal moment where a 13-judge bench articulated the concept of the basic structure of the Constitution. This doctrine asserts the immutability of certain foundational principles, empowering the judiciary to nullify any amendment threatening this basic structure. Despite attempts to curtail its authority, the judiciary remains resilient in upholding constitutional principles, ensuring that the Constitution remains adaptable while preserving its essential framework. While this doctrine may not find universal acceptance, particularly in other countries, the Indian judiciary’s expansion of judicial review reinforces the Constitution as a living document responsive to the evolving needs of society
The Silent Struggle: Insomnia among Adult Learners
Full text linkThis study aimed to study the insomnia level of adult learners. The investigator used a judgmental sampling technique to collect data, and he collected 90 samples, of which 27 were males and 63 were females. The investigator used an independent t-test to analyse the data. A standard tool is used to collect the data. Data are collected through Google Forms. The insomnia scale is developed by Mahasweta Chopdar and Dr. O.P. Mishra. The study found no significant difference in Insomnia levels in relation to their Gender
Parental Involvement and Academic Achievement of Elementary Level Students: A Correlational Study
Full text linkNumerous factors that enhance their educational level impact students’ academic performance. The outcome of education is understood through the learner’s academic achievement, which has accountability in society. Academic achievement is observable and measurable, which denotes the extent to which a learner has achieved pre-defined learning objectives. Existing research literature has revealed that parental involvement is one of the significant factors that can influence the learner’s academic achievement. The present research investigated the effect of parental involvement on academic achievement in geography subject of upper primary students and also investigated whether such influences vary in terms of gender and the location of the school with respect to urbanrural perspectives. A purposive sampling technique has been used to select upper primary students of 8th standard from the public schools in Darjeeling and Cooch Behar districts of West Bengal. Parental Involvement Questionnaire developed by Veas et al. (2015) and Academic Achievement Test developed by the researchers were used for data collection. Normality of the data was ascertained statistically, and Pearson’s Correlation Coefficient and t-test were employed as inferential statistics to analyse the nature of the relationship of the variables. The present study revealed a statistically significant positive correlation between parental involvement and academic achievement of the upper primary students in geography. The t-test result indicated that the relationship pattern between academic achievement and parental involvement significantly differed between boys and girls and between rural and municipal urban areas
The Evolution of Modern Education in Jammu and Kashmir under Dogra Rule (1846-1900 A.D.)
Full text linkLearning is a complex idea with different meanings, commonly associated with traditional schooling, ongoing education throughout life, or gathering knowledge, abilities, and outlooks. In the region of Jammu and Kashmir, learning development has been shaped by various viewpoints and historical backgrounds. After signing the Treaty of Lahore in 1846 A.D., the State kept a rudimentary indigenous educational system, including Pathshalas and Madrassas. Significant progress started under Maharaja Ranbir Singh (1857–1885 A.D.), a progressive leader who supported contemporary learning and set up educational institutions and translation centres. The arrival of Western education was accelerated by Christian missionaries, who, despite facing early opposition, were instrumental in revamping education and healthcare. By the end of the 19th century, Jammu and Kashmir witnessed the creation of modern educational facilities and the integration of English and scientific subjects into the curriculum, establishing a more contemporary educational system that blended traditional and Western teaching methods
UAPA in Jammu and Kashmir: A Functional Analysis
Full text linkThe preservation of individual liberty and freedom depends on each nation’s ability to maintain its sovereignty and integrity. A democratic country like India must balance the preservation of its sovereignty and integrity with the essential freedom of her inhabitants to freely express themselves. This paper delves into the practical applications of the provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) which was passed to address terrorism, threats to national security, maintenance of peace, and protection against civil liberties’ invasion and abuse by individuals in power. A comprehensive analysis of the UAPA’s legal framework is provided with an emphasis on its key provisions, the authority granted to law enforcement organizations, and the accompanying threats to constitutional rights and due process inherent in its application. The paper begins by examining the legislative purpose of the UAPA and its historical development, emphasizing the necessity of having all-encompassing counter-terrorism legal measures. The necessity of having adequate safeguards, oversight mechanisms, and routine reviews of the UAPA’s implementation in order to balance the concerns about national security and the concerns about the defence of basic rights has been emphasized. The paper provides a snapshot of the assessment of the awareness and grasp of the common people in J&K about the UAPA and what it entails for them. There is also a voicing of the fears and suggestions for the UAPA’s potential for abuse and enhancing its accountability. These recommendations cover changes in the law to improve compliance with international human rights standards, such as clearer definitions of ‘terrorist activities’, increased judicial review, protection against arbitrary imprisonment, and clauses for recourse and compensation in the event of abuse
Interrelationship between Climate Change and Women’s Health: A Study in Human Rights Perspective
Full text linkThis article examines the heightened vulnerability of women to environmental disasters and extreme weather events stemming from economic hardship, sexual and reproductive health issues, gender discrimination, and limited social mobility. These gender-specific impacts permeate various aspects of women’s lives including housing, transportation, food, health, and political participation, infringing on rights and wellbeing. However, such differential impacts are excluded from governmental data and academic literature. Moreover, climate change effects on women are overlooked and women’s involvement in climate policymaking is restricted. Investigating the complex interrelation between women, environment, and climate change, the article finds women more susceptible to climate change impacts due to socially imposed gender constraints limiting choices and enabling environmental injustices. Utilizing an intersectional gender lens, climate justice issues are also scrutinized alongside initiatives promoting gender equity and women’s leadership to advance local and global climate justice. This necessitates gender-responsive adaptation and mitigation efforts while tackling exacerbated gender-based violence and discrimination. Additionally, concepts of ecofeminism, women-led movements, and female environmentalists are examined. Ultimately, prioritizing gender justice by increasing cognizance of differential climate change impacts and representation of women and marginalized groups in climate policymaking is vital for equitable and sustainable development