NUJS Journals West Bengal National University of Juridical Sciences
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BIO-PIRACY OF TRADITIONAL RESOURCES: A HURDLE TO SUSTAINABLE DEVELOPMENT
Get PDFTraditional knowledge (TK) is a living body of knowledge that is developed, preserved, and passed down from generation to generation within a community, and is typically regarded as a part of the group's cultural or spiritual identity. Biopiracy has emerged as a word to describe how developed-world firms claim ownership of, or otherwise take unfair advantage of, developing-world genetic resources, traditional knowledge, and technology. Traditional knowledge (TK) is an important aspect of most local groups' identities. It is a vital component of a society's social and physical climate, and as such, it must be protected at all costs. Attempts to manipulate TK for industrial or commercial advantage can lead to its theft and violate the legal custodians' rights. Faced with these threats, techniques and means of securing and cultivating TK for long-term growth must be developed in accordance with the interests of TK holders. The preservation, protection, and development of local community-based TK-based inventions and practices are especially important in poor nations. Their extensive knowledge of traditional knowledge and biodiversity is crucial in areas such as health care, food security, community, religion, identity, climate, trade, and development. This precious asset, however, is under threat in many regions of the world. There are concerns that this information will be utilized and retained by third parties without TK holders' explicit written approval
AN OVERVIEW OF HINDU WOMEN’S RIGHT TO PROPERTY
Get PDFThe significant contribution of women in the society has been in existence since the ancient times. Securing the birth right of a women would indicate a better future on our own end. Though grounds of gender inequality can be enlisted under different facets, the most tedious one relates to property rights of women. The inheritance rights in regard to Hindu women is still governed by the age-old customs of Hindu Law which pulls down the string of development in regard to the fairer gender. The Hindu Succession Act of 1957 was a welfare legislation which remodelled the whole structure of Hindu Law and codified the same. It included revolutionary concepts of testamentary and intestate succession, coparcenary property and identified the property rights of Hindu Women. Though the intent was on the positive note, there were several genders-discriminatory provisions still in the existence. The need for reforms called for an amendment and Hindu Succession (Amendment) Act, 2000 came into existence. This Act introduced the birth right of women to inherit the coparcenary property, deleted several derogatory provisions and made Hindu women eligible of testamentary disposition of the property. In this Article, the researcher has pointed out the analysis of both the Acts and also has pointed out a few reforms which is needed for better implementation of the objective with which the Amendment Act was enacted and with the hope for ensuring equality with the spirits of Indian Constitution
ENVIRONMENTAL CRISIS, ENVIRONMENTAL DEMOCRACY AND NEED FOR SUSTAINABLE DEVELOPED SOCIETIES: A SPECIAL REFERENCE TO AIR POLLUTION IN DELHI
Get PDFAn environmental problem in Delhi, India, is a serious threat to the well-being of the capital of the country. An air pollutant is a material in the air that can have adverse effects on humans and the ecosystem. The major reasons for the rise in pollution in Delhi that have been identified in this study are industrial emissions, climatic factors and average temperatures prevailing in the months of summer and winter, anthropogenic factors like motorization and vehicular traffic, policy-induced prices of fossil fuels, burning of agricultural residue in surrounding states, traffic congestion, population density, industrial activity, housing and type and nature of housing, clustering and spatial interdependence, among others. Delhi for instance has one of the country's highest volumes of particulate matter especially PM 2.5 and PM 10 pollution. So, this determined a situation as an environmental crisis in the capital. So more of a solution- based jurisprudence is required for a sustainable democracy along with a sustainable developed society with all equipped measures to resolve the crisis
THE EVOLUTION AND IMPACT OF INTERNATIONAL ENVIRONMENTAL LAW: A JOURNEY TOWARDS A SUSTAINABLE FUTURE
Get PDFInternational environmental law has evolved considerably and has become a powerful tool for addressing global environmental challenges and promoting sustainability. Treaties such as the Stockholm and Rio Conferences forming the basis for multilateral environmental agreements and facilitating global cooperation to deal with issues such as the trade in endangered species and marine pollution. Customary international law strengthens environmental standards through legal precedents, including standards such as fair use and cross-border impact assessments. Although non-binding, soft legal instruments shape international environmental law by influencing the development and implementation of standards. Declarations such as the Rio Declaration provide the basis for sustainable development and preventive measures. These instruments bridge the gap between theory and practice and facilitate the practical implementation of national responsibility for transboundary damage. The development of international environmental law emphasizes the coordination, effectiveness and compliance of treaties through the approach of treaties. The Framework Convention establishes broad principles, while the Protocol provides specific obligations to ensure specific conservation actions. The influence of international environmental law lies in the promotion of global sustainability efforts through collaboration, shared responsibility and effective policies. The world faces unprecedented environmental challenges, and international environmental law continues to develop and lead us towards a sustainable and resilient future
CASTE AND COMMUNITY MOVEMENT IN THE 21ST CENTURY: AN INDIA PERSPECTIVE
Get PDFThe dynamics of caste and community movements in 21st-century India unfold against the backdrop of a rapidly changing socio-political landscape. This abstract explores the multifaceted dimensions of these movements, delving into their historical roots, contemporary manifestations, and the evolving role they play in shaping India's societal fabric. In the 21st century, India continues to grapple with the intricacies of caste-based structures that have persisted for centuries. While the nation has made significant strides in economic development and technological advancement, the deeply entrenched caste system remains a complex challenge that intersects with various aspects of life, from politics to education and employment. This abstract examines the resurgence of community movements that seek to address historical injustices and advocate for social and economic equity. These movements are not confined to rural areas but extend to urban centers, where a younger generation is challenging traditional norms and questioning established power dynamics. The role of technology, especially social media, in mobilizing and amplifying the voices of these movements is a crucial aspect of this analysis. Furthermore, the abstract explores the nuanced interplay between caste and politics. Political parties often leverage caste identities to consolidate their vote banks, shaping policies and narratives that impact the socio-economic landscape. Simultaneously, there is a growing demand for more inclusive and representative governance, reflecting the aspirations of a diverse and dynamic population. In the realm of education and employment, affirmative action policies aim to address historical disadvantages faced by certain castes. However, debates around reservation policies underscore the challenges of achieving a balance between rectifying historical injustices and promoting a meritocratic society. As India navigates the complexities of the 21st century, the interwoven narratives of caste and community movements illuminate the ongoing struggle for social justice, equality, and a more inclusive nation. This abstract sets the stage for an in-depth exploration of the evolving dynamics and implications of these movements in contemporary India
UNTYING A GORDIAN KNOT: PARADOX OF BIO-MEDICAL WASTE MANAGEMENT AND LEGAL COMPLIANCE IN INDIA
Get PDFEvery healthcare institution produces biomedical waste material while diagnosing and treating patients who are either humans or animals. This waste might be in a solid or liquid form such as microbiological and biological waste, abandoned medications and cytotoxic pharmaceuticals, soiled trash, solid waste, liquid waste produced from any infected regions, animal waste, human anatomical waste, incinerator ash, chemical waste, waste sharp etc. All such waste products are inherently harmful and needs proper management and disposal. Accordingly, the management of biomedical waste involves the four fundamental phases: i) generation of waste; ii) segregation; iii) collection & storage of waste; and iv) treatment & disposal. It has been the recommended practice that before disposing of the biomedical waste, the healthcare institutions must disinfect all the effluent as needed. The mismanagement of such waste has an immediate negative impact on the environment, humans & other species. On recurring basis, the medical clinics and healthcare facilities all across the world create a reasonably large amount of potentially toxic and enticing garbage. In this regard, majority of the developed nations have lately adopted the technologically advanced practice to neutralize the toxicity & dumping the waste in designated areas. Whereas, in underdeveloped nations such as India, bio-medical waste (BMW) is usually thrown in open areas, largely due to the lack of awareness, suitable infrastructure, funds and execution of national standards for waste disposal. This paper attempts to ponder on the nuances of biomedical waste management, its effects on an environment and legal infrastructure dealing with the concerns pertaining to disposal of biomedical waste, status of compliance of these provisions in some states and eventually recommending the innovative techniques and best practices which can be uniformly adopted by every state for increasing the efficacy of waste management
THE IMPORTANCE OF DIGITAL FORENSICS IN THE ADMISSIBILITY OF DIGITAL EVIDENCE
Get PDFThere is a paradigm shift in the notion of evidence in the modern era as increasing disputes are technical in nature and there is a voluminous increase in cybercrime. To cope with this situation, courts seek for electronic records for settling any dispute or proving an offence. However, due to the certain unique traits of electronic records or digital evidence, they are susceptible to misuse and thus result in abuse of the process of law which might lead to miscarriage of justice. Hence, it has to pass through the rigorous processes of admissibility. There are also various scientific methods which experts formulate to identify, retrieve, preserve and present such evidence in court. This process is known as “Digital Forensics”. Initially, to frame a standard for admissibility was a difficult situation as it was susceptible to different interpretations. Presently, the law is more or less settled. However, there are certain variations in different jurisdictions. This article in Part A features an understanding of Digital Forensics and Digital Evidence. It also focusses on how digital evidence may be used in law enforcement. The section details the step-by-step process followed by digital forensic analysts to present evidence in court. Part B, highlights the admissibility criteria of digital evidence in the UK and India. The article mainly focuses on the law in India, as found in the Indian Evidence Act and also explores key case law findings that have shaped the admissibility of digital evidence in India to date. The concluding remarks draws a brief comparison between the state of admissibility of digital evidence in India and UK as well as the opinions of several scholars and judges on this issue
RIGHT TO CLEAN WATER: A NATIONAL AND INTERNATIONAL PERSPECTIVES
Get PDFThe survival of any forms of life on earth is possible only because of water. The natural environment of an area depends upon the quality of water available in that place. Once water was considered as an inexhaustible gift of God and Sacred for every religion. Hence the sources of drinking water like rivers, ponds, lakes, tanks and other water bodies were preserved cautiously. Due to increase in population, industrialization and urbanization, there is an increasing demand for water in day-to-day life. Moreover, discharging of large volumes of effluents beyond the assimilating capacity of earth has resulted in polluting or contaminating the sources of water. There is ever increasing menace of water pollution not only in India but every nation in the globe. Therefore, right to clean water is a serious global concern. The world trade organization has stated that inadequate access to clean water for consumption will result in health risk along with a threat of resulting in blindness. Lack of adequate supply to potable water is denial of right to protection to life itself. Access to clean water is a priority issue in United Nations Millennium Development Goals as well as World Summit on Sustainable Development (2002). Therefore, this research paper makes an attempt to analyse international as well as national obligations of sustainable conservation of water sources
CORPORATE SOCIAL RESPONSIBILITY REPORTING: A REVIEW IN INDIAN PERSPECTIVE
Get PDFThe present study reviews researches undertaken on Corporate Social Responsibility (CSR) Reporting in Indian perspective during the period 2017-2022 to evaluate the current status of CSR reporting in India and to identify main gaps therein. Additionally, it evaluates the limitations mentioned in earlier CSR reporting studies and gives suggestion for further investigation. In order to conduct this study articles that specifically discuss CSR reporting in India are analysed. Findings of the study demonstrate that research on CSR reporting has dramatically grown in India. However, quite a few sectors continue to be underrepresented in the CSR reporting literature. A number of scholars have also pointed out problems related to methodology and sampling. The review suggests directions for further research based on these findings. As review analysis of previous studies has been utilized for gathering the CSR reporting information in India, therefore, this study does not provide any empirical results and is only limited to the Indian perspective within the given time frame. However, the present study seeks to provide a theoretical construct of knowledge on Indian CSR reporting and also factors that influence them. Consequently, it has effect on a variety of interested parties including investors, accounting bodies, companies, regulatory bodies, general public, academicians and researchers
MOB LYNCHING IN INDIA: DESPERATE NEED OF LAW AGAINST UNNECESSARY VIGILANTISM
Get PDFThe present paper is an idea of the author put into expression examining the alarming issue of mob violence and cow vigilantism in India, focusing on the lynching of Mohammad Akhlaq in 2015 and analysing several other such prominent incidents. The study utilizes available data from reputable sources, as official government statistics on mob lynchings are not currently collected. The rise in hate crimes and cow-related violence since 2014 suggests a troubling escalation, although the reasons for this increase remain unclear. The analysis reveals that mob lynchings are often driven by suspicion of cow slaughter or beef consumption, with Muslims and other minorities being the primary targets. While religious prejudice may not be the sole motivator in every case, it frequently plays a significant role. Lynchings are often pre-planned, serving as a means to exert power over a community or send a message. Social media platforms have been used purposefully to propagate hostility and disseminate disinformation, exacerbating tensions and inciting violence. The paper highlights specific case studies, including the Dadri lynching, the Alwar lynching, the Nowhatta lynching, the Jharkhand lynching, and the Palghar lynching. Each incident exemplifies a unique set of circumstances, showcasing the diverse nature of mob violence in India. The analysis emphasizes the need to separate lynching from vigilantism, as purpose distinguishes between these acts. Furthermore, the paper explores the cultural and religious factors underlying cow vigilantism in India. Cows hold significant religious symbolism in Hinduism, and state legislation, as well as constitutional provisions, prohibit cow slaughter. The paper argues for the urgent need to address this issue through the nation-wide implementation of an “anti-lynching law” that specifically targets mob violence and acts as a deterrent. In conclusion, mob violence and cow vigilantism pose a grave threat to the rule of law, communal harmony, and the social fabric of India. A comprehensive understanding of the statistical trends, underlying motivations, and case studies is essential for policymakers and society at large to effectively combat and prevent these heinous crimes