CUK Journals System (Central University of Kashmir)
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Role of Indian Judiciary in Protecting Poor People
Full text linkThe judiciary plays a vital role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law making as it is these interpretations which really define the laws. The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. Indian judiciary has intervened and interpreted various facets of poverty and issued guidelines from time to time for the upliftment of poor population, implementation of various laws and policies. The judiciary has kept an intense scrutiny and ensured that this Constitutional mandate is properly enforced and any friction between the legislature and the executive is eased. Building upon Article 21, the judiciary has adopted an expansive interpretation bringing within its ambit almost all facets of poverty – direct or indirect. The Supreme Court of India in some of its judgments has linked the right to shelter with the right to life, stressing that the right to housing is implied under the right to life, and has attempted to secure access to justice for such violation of the right to life. This paper is an attempt to analyse various contribution of Indian Judiciary in protection the rights of poor people in India. This paper suggested for the future measures to be taken for the effective eradication of poverty in India
Legal Implications of creation of New States in India: A Study
Full text linkIndestructibility distinguishes the Union of India. However, Parliament can create a new state or union territory by merging a section of an existing one. Parliament can change or eliminate state identities. The Constituent Assembly rejected a final proposal to designate India the “Federation of States”. Article 1 of the Indian Constitution calls India a “Union of States”. The First Schedule of the Constitution lists states. The First Schedule lists all Indian States and Territories and any border changes. Articles 2, 3, and 4 allow parliament to admit new states and change the boundaries of existing states.
Dr. Bhimrao Ramji Ambedkar, head of the Constitution Drafting Committee and Chief Architect of the Constitution of India, explained “Federation of States” as follows:
“No state may leave India’s federation because it wasn’t voluntarily. Its indestructibility makes the federation a Union. For efficient government, the country and its people may be geographically separated into multiple states, but they remain a single population under a single authority.”
This paper 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 paper explores the objectives of creating new states. This paper highlights the complexities which are emerged in the process of creation of new states. The paper suggests few measures for robust legal frameworks for new state creation in India
A Study of Emerging Trends of E-Banking Frauds in India
Full text linkThe banking industry is crucial to a nation’s development. It is an economy’s lifeline. A sound and robust banking system is a crucial prerequisite for economic expansion. The Indian banking sector is currently experiencing an IT (information technology) revolution. The banks have been reformed as a result of the adoption of the internet in banking organisations. E-banking has increased convenience and efficiency, but it has also presented regulators and supervisors with a number of difficulties. In India’s banking sector, total banking automation is rising as a result of increased bank competitiveness. Internet banking, telephone banking, mobile banking, and other forms of banking are all included in the phrase “e-banking.” Consumers in India started using the e-banking services, and they are completely integrated with the current core banking system. E-banking has brought forth many challenges and issues, however, e-banking fraud is one of fundamental issues in e-banking which deserves much attention due to larger stake involve in the issue. The present paper is an attempt to evaluate and analyse the challenges and future potential of electronic banking fraud in India. This paper presents an analyses of the existing Indian laws and regulation to tackle the menace of e-banking frauds. Finally, the paper put forth feasible suggestions for the robust legal and regulatory framework for e-banking businesses in India
A Study on Family Pressure Among Women Teachers Working in Higher Education Institutions of Kashmir Valley
Full text linkThis study investigated family pressure among women teachers working in Higher Education Institutions of Kashmir with regard to their locale and experience. A sample of 400 women teachers was selected using a simple random sampling technique from 40 government degree colleges across 10 districts of Kashmir. The study assesses the level of family pressure among women teachers and also examines the differences on the basis of experience and locale. The statistical techniques that were employed include percentage, Standard Deviation, and t-test. Percentage statistics was used because the investigator aimed at accessing the incidence of family pressure faced by women teachers working in higher education institutions, and a t-test was used as it is a test of significance that is utilized when an investigator needs to find out the difference between two groups which was also the purpose of the study where the investigator had to found the difference between women teachers working in higher education institutions with regard to their locale and experience
Cognitive Ability and Academic Achievement: A Correlational Study
Full text linkThe study investigates whether cognitive ability (CA) affects academic achievement (AA). AA scores were represented by the J&K Government higher secondary students’ overall midterm test scores. The particular cognitive skills of interest were problem-solving, memory, awareness, and comprehension. The Madhugupta and Bindiyalakshmi Cognitive Ability Scale was used to test general CA. Correlation analyses were used to look at the link between these variables. A series of t-tests were employed to examine the effects of gender on CA and AA. There were 120 pupils in the sample, with a mean age of 17.1 years. AA and CA were found to be favourably associated by correlation analysis. The results add to our understanding of the roles that gender plays in research and how they affect CA & AA. The study concludes that understanding and improving AA can be aided by assessing the predictive value of CA
Women’s Reproductive and Health Rights: An Appraisal of Competing Interests
Full text linkWomen play a fundamental role in shaping sustainable societies, so it is imperative to recognise and uphold their reproductive rights, ensuring that they have agency over their bodies and health. This holistic approach is not only essential for achieving gender equality but also for fostering broader social, economic, and environmental progress. By prioritising women’s health and well-being, societies lay the foundation for sustainable development that spans generations. The realisation of reproductive rights and ensuring women’s health are crucial for individual well-being and integral to the broader agenda of sustainable development. Under the Sustainable Development Goals (SDGs), the global commitment to the unfinished Millennium Development Goals persists. India has pledged to achieve the Sustainable Development Goals (SDGs) by 2030; governments have vowed to lower maternal mortality and ensure universal access to reproductive health and rights as a fundamental human right of women. The quest for achieving reproductive rights and improving women’s health as integral components of sustainable development in India is marked by formidable obstacles and persistent challenges. This article delves into the complex landscape of reproductive rights and women’s health in India, analysing how ensuring comprehensive access to reproductive health services and upholding reproductive rights are essential to advancing the SDGs. Through an analysis of data, laws, policies, and landmark judgements, the paper sheds light on the persistent gaps and suggests strategies to bridge them
Living Will: A Step Ahead of Legalizing Passive Euthanasia in India
Full text linkIn recent times, the concept of ‘living will’ has gained importance throughout the world, and India is no exception to it. The concept of euthanasia has gained more attention in the Covid-19 pandemic era. During the pandemic, people in the West offered themselves for involuntary euthanasia to opt for a dignified death. However, this desire to die with human dignity is not new. From time immemorial, there has been an obvious desire among humans to have a dignified death. The concept of living will viz-a-viz euthanasia has always been related to basic human rights like the right to life, the right to die with dignity, etc. The living will, as an extended form of euthanasia gives a choice to a person to make an “advance medical directive” not to opt for medical treatment under certain circumstances and instead opt for a dignified death. In India, whatever is in the realm of euthanasia has been in the form of law laid down by the Supreme Court of India. In the backdrop of Indian culture and religious belief, it will be very interesting to see how and to what extent Indian society will accept the concept of “living will” and “euthanasia”. The present paper aims to critically evaluate the concept of ‘living will’ viz-a-viz ‘euthanasia’ and analyse the historical perspective of ‘wilful death’ in India. It also aims to evaluate the merits and demerits of legalising the concept of ‘living will’ in India. The paper also examines how far such a concept will go in a country like India. In the present paper, the doctrinal method has been used to study the concept of euthanasia and living will. For this purpose, various online and offline books, research papers, and case laws have been referred to. Besides this, evaluative and critical approaches have been adopted. This research paper mainly covers the ‘living will’ with suicide and mercy killing in Indian society. The paper attempts to suggest/ find reformatory measures to overcome the problem of ‘living will’
International Environmental Law in Promoting Sustainable Development: A Critical Analysis
Full text linkThe intersection of international environmental law and sustainable development has been debated and discussed for several decades. International environmental law is paramount for addressing intricate global environmental challenges. In addition, it plays a multifaceted role in advancing the noble concept of sustainable development, which endeavours to strike a delicate balance among economic, social, and environmental imperatives, thereby fostering a more equitable and sustainable trajectory for future generations. The study critically analyses the effectiveness of international environmental law in promoting sustainable development, focusing on challenges and opportunities for improvement.
Despite the growth of international environmental law, implementation challenges, limited political will, and lack of accountability have hindered its effectiveness in promoting sustainable development. The study highlights opportunities and potential for improvement, such as the rise of environmental law and the importance of stakeholders’ cooperation and collaboration.
The study is based on a qualitative research design, including a comprehensive review of the relevant literature and analysis of case studies with examples of successful and unsuccessful implementation of international environmental law for sustainable development. It has been observed that while international environmental law has made significant contributions to addressing global environmental challenges, it has fallen short of achieving sustainable development goals
A Study of Access, Enrolment and Dropout of Scheduled Tribes Students in District Poonch
Full text linkEducation is vital for everyone, including tribal tribes. Although the government of India has taken several attempts to improve tribal communities\u27 education, their education level remains low. The current study aims to examine the educational status of Scheduled Tribes students in District Poonch. The study\u27s main goal was to investigate the Access, literacy rate, enrollment, and dropout rates of scheduled tribe secondary school students. The work is completed with the use of secondary data gathered from various sources. The survey found that literacy rates among tribes in the field of education are quite low. It has also been found that tribal students have a low enrolment rate and a high dropout rate
Execution of Death Sentence in India: An Analysis of Diverse Approaches
Full text linkThe debate about capital punishment remains a contentious issue in societies worldwide. While many countries have abolished the death penalty in the interest of reform and human rights, India still uses it in ‘the rarest of rare cases’. This paper examines the arguments for and against capital punishment, looking at its prevalence in different regions and its historical development.
Focusing on India’s ongoing debate, the paper analyses various execution methods, such as lethal injection, electrocution, gas chamber, and hanging, highlighting their pros and cons. It presents case studies and statistics to show the potential flaws and cruelty of some methods. The paper emphasizes the need for a modern and compassionate approach that prioritizes humane treatment while ensuring fair justice. It considers opinions from different countries and experts on the most humane ways of execution, advocating for comprehensive research in India to explore less painful alternatives that respect the dignity of the condemned.
In conclusion, the paper asserts that regardless of their crimes, those facing capital punishment deserve a dignified death. Instead of causing unnecessary suffering, the focus should be on a swift and humane end to their lives. The effectiveness of any execution method lies in balancing justice, deterrence, and respect for human rights. This challenge requires continuous contemplation to ensure the most compassionate decisions are made