NUJS Journals West Bengal National University of Juridical Sciences
Not a member yet
453 research outputs found
Sort by
GIRISH: AN IRON WALL BETWEEN RTI AND PUBLIC INFORMATION
Get PDFThere is one order of the Supreme Court of India preceded by two decisions of the Central Information Commission (CIC) followed by another CIC order, supported by an Office Memorandum, which damaged the objectives of RTI Act, 2005. Whatever little was achieved through a continuous struggle (of people) to make public authorities accountable was almost defeated by this order. Girish Ramachandra Deshpande was the single-most pocket-pistol decision that shot dead millions of RTI applications and thousands of second appeals all over the country. Because of this decision, government employees are resisting the disclosure demands with the help of the exemption clause under Section 8(1)(j) of the RTI Act. This paper tries to underscore the critical (ir)relevance of the decision in light of the provisions and operative frameworks governing transparency laws vis-a-vis privacy laws. The paper makes an attempt to analyse the pros and cons of the ratio of Deshpande’s case and draws certain inferences on the basis of the analysis of the case and related cases governing the same matter. It is a doctrinal study and employs analytical and descriptive methods to reach at conclusive findings
Trend In Intellectual Property Generation And Disposal Of IP Applications
Get PDFIntellectual Property (IP) is assuming a greater importance with the rise of the knowledge economy. Technology and innovation are value drivers in the dynamic environment in this day and age. In the emerging knowledge economy worldwide the paradigms are shifting from physical to knowledge resources. Nature of the businesses is undergoing change on this count as increasingly the businesses are turning from being capital-intensive to knowledge-intensive. Thus, there is a pertinent need on the part of the enterprises to consciously manage the activities related to IP. With the emergence of knowledge economy and rapid technological changes, creation of IP is becoming indispensable for the modern day businesses, even for survival. In this backdrop, it is expected for a developing country like India to have in place a strong IP system to boost faster the socio-economic progress of the country through stimulation of innovation, research and creativity. GDP growth of a country through increased sectoral output. It facilitates knowledge-based industrial growth and creates favourable climate for technology transfer. A strong IP self-sufficiency especially in strategic sectors and thereby, it provides a competitive edge. Moreover, a strong and balanced IP system is one of the key means to support innovation and development objectives of a country. Hence, the present study made an attempt to explore the trend in IP generation and disposal of IP applications in India. Above all, the present study seeks to analyse the working of IP system in the country
Impact of midday meal programme among the primary school going children: a Comparative Nutritional study
Get PDFNutrition is the science that interprets the interaction of nutrients and other substances in food in relation to maintenance, growth, reproduction, health and disease of an organism. It includes food intake, absorption, assimilation, biosynthesis, catabolism and excretion. Nutritionist and dieticians are health professionals who create diets for people. Teaching patients about health eating is a primary duty, as well as staying aware of developments in medicine and nutrition. However, there is a difference between dietetics and nutrition: dietetics focuses on food management, whereas nutrition focuses on the promotion of health through healthy food. So, without fieldwork community nutrition assessment is not possible. The National Programme of Nutritional Support to Primary Education which is popularly known as the Mid-day Meal Scheme was launched by the Government of India in 1995 with the objective of giving a boost to universalisation of primary education by increasing enrolment, attendance and retention and simultaneously improving the nutritional status of students in primary classes. It is the flagship programme in India to reduce malnutrition and mortality rate as well as enrich the enrolment of schooling. The study revealed that now a day in tribal village’s mid-day meal is very much important to prevent under nutrition and malnutrition. Protein Energy Malnutrition (PEM) is the most important nutrition problem globally which is more severe in third world countries affecting children of 20-80 percent of primary school going are suffering from nutritional deprivation. Most of the tribal families are belonging to Upper Lower (IV) socio-economic class, whereas among the non-tribal are Lower Middle (III) socio-economic class. It is concluded from the study that the nutritional status of Lodha tribal children of Paschim Midnapur is very poor. Nutritional statuses of Non-tribal school going children are better than tribal but still both are not consume enough nutrients according to their requirement. Both tribal and non-tribal suffered under weight, some of them are suffering malnutrition
SUBSTANCE ABUSE AND PROCREATIVE HEALTH ISSUES IN WOMEN, SPECIAL REFERENCE TO ASSAM, INDIA
Get PDFThe state of Assam in India presents significant issues for women, namely the abuse of addictive substances and the complexities associated with preserving reproductive health. According to the data provided by the National Crime Records Bureau (NCRB), the state of Assam exhibits the greatest prevalence of substance misuse among females compared to all other states and territories in the nation. The misuse of narcotics can have profound consequences, not only on the psychological and physiological well-being of women but also on their reproductive capabilities. In Assam, India, women face significant challenges, including substance abuse and reproductive health complexities. According to the National Crime Records Bureau (NCRB), Assam has the highest prevalence of substance misuse among females nationwide. This misuse of narcotics not only impacts women's psychological and physiological well-being but also affects their reproductive capabilities. Women who misuse substances are more likely to experience adverse outcomes such as abortion, stillbirth, premature birth, low birth weight, and birth abnormalities. Additionally, substance misuse can harm women's reproductive systems, making conception and pregnancy maintenance more difficult. Imbalances in reproductive health challenges, including monthly abnormalities, infertility, and cervical cancer, further exacerbate these issues. The primary aim of this study is to explore the intricate correlation between substance addiction and reproductive health challenges in Assam's women, focusing on NCRB data. Additionally, the research will examine contributing factors and propose potential solutions to address these issues
BIODIVERSITY CONSERVATION AND ITS BENEFITS SHARING: AN ANALYSIS FROM THE TRIBAL PERSPECTIVE
Get PDFThis study analyzes biodiversity conservation and benefit-sharing from the perspective of tribal communities, focusing on indigenous groups in the Nilgiri Biosphere Reserve. It highlights global and Indian legal frameworks that support biodiversity conservation, including the Convention on Biological Diversity (CBD) and India's Biodiversity Act, 2002. The paper emphasizes the role of traditional knowledge held by tribal communities, particularly regarding the sustainable use and conservation of local flora and fauna, for food, medicine, and cultural practices. Through a review of various ethnobotanical studies, it identifies how Nilgiri tribes, such as the Toda, Kota, Irula, and Kurumba, use local plants for medicinal and other purposes, stressing the importance of protecting this knowledge. It also discusses the challenges of implementing Access and Benefit Sharing (ABS) laws, such as unclear benefit-sharing mechanisms and the recognition of traditional knowledge holders. The study concludes that while international agreements and Indian laws exist to support tribal rights and biodiversity conservation, there is a need for more efficient implementation, particularly at the grassroots level, to ensure equitable benefit-sharing and improved livelihoods for tribal communities
RESPONSIBILITY AND LIABILITY OF UPSTREAM CITIES FOR THE PUBLIC NUISANCE TO THE DOWNSTREAM CITIES ALONG THE RIVER GANGA
Get PDFAlong its 2,525 km path from Gaumukh to the Bay of Bengal, along the Indo-Gangetic Plains of northern India, the Ganga acts as a lifeline for approximately 400 million people, primarily in the states of Uttarakhand, Uttar Pradesh, Bihar, and West Bengal. The river is conducive for agriculture, industrial activities, fisheries, etcetera, wherein these activities are particularly concentrated, between Haridwar and Varanasi. The Ganga gets heavily polluted in the Middle Zone. The said pollution, which amounts to a Biological Oxygen Demand Load of 55.59 tonnes per day in Uttar Pradesh, affects the personal health and comfort of the people in the downstream communities of Bihar. The lower number of untapped drains and a lesser number of industries allow the Ganga to self-purify itself within Bihar, where the average Biological Oxygen Demand reduces significantly. Heavy metals like cadmium, cobalt, chromium, copper, iron, selenium, lead and zinc enter the Ganga from the Kanpur-Unnao industrial area, which is laden with approximately 1,635 functional units of tanneries. The ongoing and non-emergent pollution in the Ganga disallow the downstream communities to approach the court under Section 133 of the Code of Criminal Procedure, 1973; however, the said communities can take the recourse of Section 268 of the Indian Penal Code, 1860 (for public nuisance), and Sections 2 and 24 of the Water (Prevention and Control of Pollution) Act, 1974. A civil court is approachable for the tort of public nuisance, wherein the industries, municipal bodies and civic authorities in the polluting areas of Uttar Pradesh must not only pay damages to the said communities for their respective share in the pollution of the Ganga but also pay the cost of restoring the environmental degradation of the Ganga in their respective polluted areas
NATIONAL EDUCATION POLICY, 2020 AND ENVIRONMENT EDUCATION: CHALLENGES AND OPPORTUNITIES
Get PDFOne of the most glaring problems which the world faces today is environmental pollution. Man has exploited nature excessively at the cost of the environment. There is an immediate need to make people aware of environmental degradation. UNESCO claims “Environmental education is a method of putting the objectives of environmental conservation into practise”. It is a lifelong multidisciplinary subject of study, not a distinct branch of science. It refers to education for environmental preservation and improvement, as well as education as a tool for growth to raise human societies' standards of living. India has started several initiatives, one of which is making environmental education mandatory at all educational levels. There is a need to reorient the environmental education curriculum to make it more appealing and responsive to the local environmental issues in today's world where environmental conditions are changing negatively, and all living things are suffering because of environmental pollution and climate change. The environment must prepare Students with the necessary Life Skills besides academic skills. India’s National Education Policy 2020 takes great care to address the common issues related to the learning Environment and proposes measures to keep it in top shape & form. The new Education System takes over a kid when she or he is just three years old, and that certainly puts enormous responsibility on the System. This paper will cover important points of NEP 2020 regarding Environment Education and its evaluation and challenges in the near future
GLOBAL CLIMATE DIPLOMACY-CHALLENGES & OPPORTUNITIES
Get PDFGlobal climate change is perceived to be one of biggest challenges that humanity is encountering today. Centrally, the climate system is the result of complex and dynamic interactions between the earth’s atmosphere, oceans, and the biosphere. This work seeks to focus on the discordant debates, dialogues and narratives at diplomatic level that is primarily responsible for plaguing the global climate regime. Frankly, climate talk that is supposed to herald a brighter and cleaner planet for us has fast becoming a geopolitical power struggle. It is stressed here that these challenges could be transformed into opportunities to address our common concerns. From Japan to the US and from Iceland to Madagascar, our actions and interactions are all, either polluting the planet or aiding it to cope with the emerging disasters. The moot point is that we are all in the public square. Hence, the author strongly advocates that unless we display our responsibility to commit for a greener and cleaner environment, international actors are bound to fail in all their endeavours. Finally, the paper highlights how the participation of almost all actors starting from the civil society, grassroot governance agencies, national governments, global corporate conglomerates, human rights bodies, international institutions, and individual concerns on the issue of global warming has made it more complex, leading to a multi-layered conflicting debate. By spawning a variety of new elements and spaces to the ongoing climate talk, it has resulted into a proliferation of new perspectives, meanings, and utter confusions. Thus, to bring an end to this conundrum, the author offers a set of suggestions, to save the planet earth and not to mix the fight for global dominance with the concerns of the fast-deteriorating climate
STOCKHOLM +50 OUR RESPONSIBILITY TOWARDS SUSTAINABILITY AND HEALTHY PLANET FOR ALL – A STUDY WITH SPECIAL REFERENCE TO INDIA
Get PDFThe world community has started its concern towards environmental protection much from 1972 Stockholm conference in order to protect people and planet. Sustainable development was the main principle which was adhered in this conference and the principles of Stockholm were dealt with environment, action plan for protection of environment, proposal for observing of a world environment day to be observed, resolution for the nuclear weapon test, resolution for convening a second conference, the declaration of human environment etc. Human environment and the declaration of human environment was the first and foremost achievement having 26 principles towards sustainable future. India with 122 nations attended ratified the conference. After Stockholm the global community continues to search towards better environmentalism through RIO 1992, RIO +5, RIO +10, RIO +20, establishment of UNFCCC, IPCC etc. To maintain sustainability the global citizens having responsibility to protect and preserved our Mother Earth as ‘we have no planet B’. We need to protect our Mother Earth with utmost responsibility and to secure healthy environment for all with prosperity and peace. After 50 years of Stockholm we are facing so much threat to protect our environment one of them is climate change and unsustainable use of the Earth. We all the multi stakeholders and inhabitant of this beautiful habitat, we have the responsibility to protect our planet and secure healthy sustainable future for all. Covid 19 is threatening our right environment and sustainability in the era in globally and regionally. India is a developing nation and committed towards a sustainable future and taking the pledge towards healthy environment for all from Stockholm. In this era of climate crisis India and other nation having the responsibility towards the collective future by rebuilding, trust and value. If a new dawn is to be our goal all the nations of Global North and South should be connected and contributed towards a sustainable future
PRESERVING FISCAL AUTONOMY IN THE INDIAN SOCIAL POLICY LANDSCAPE: ADDRESSING CENTRALIZATION AND INTER-GOVERNMENTAL STRUCTURES
Get PDFThis article explores the challenges posed by centralization in the social policy landscape and its impact on fiscal federalism. The proliferated use of Centrally Sponsored Schemes (CSS) has taken up a significant portion of the Indian social policy landscape; this has effectively allowed the central government to frame policy on matters in the State List. This has had considerable reverberations on the state’s fiscal capacity as these schemes are co-funded. Fiscal autonomy is crucial for state governments as it allows them to design and implement social policies that are responsive to local needs and priorities, which as research show, are more effective in delivering policy outcomes comparing to CSS. Drawing on various studies on the workings of CSS, the article points out certain structural elements that hinder the effective working of these policies. Moreover, it is argued that the uniform application of a top-down scheme in a country like India is a sub-optimal policy solution to India’s social problems. This is fundamentally because Indian states are extremely divergent as the data on health, education and economy shows; this implies that every state has different policy requirements and one single scheme framed for the entire nation by the Central Government cannot possibly accommodate the unique challenges and specific needs of all the states. Examining various international examples, the article argues for altering inter-governmental structures for creating a space for the contestation and negotiation of top-down and bottom-up policy priorities; where bottom-up inputs complement top-down planning. The Article suggests that, as successfully done by various countries, this can be achieved by introducing bilateral agreements or by creating an inter-governmental forum. Such a mechanism can strike a balance between prioritising national goals and mainlining sub-national autonomy in policymaking for optimal outcomes