NUJS Journals West Bengal National University of Juridical Sciences
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VISIBILITY OF BLINDNESS: INTERROGATING ABLEISM IN THE SYSTEM OF HIGHER EDUCATION
Get PDFSocio-cultural discourses and forms of activism, which engage with the issue of participation ofdisabled persons and the barriers faced by them in higher education, usually tend to focus onsolutions such as installation of adaptive technologies and implementation of inclusive design inclassrooms, toilets and libraries. When analysed from the perspective of spatial politics, we cansee through the hierarchy of space in a given campus, created by such strategies ofprioritisation. Accessibility to the broader physical and academic atmosphere of university andcollege campuses often remains unaddressed. This centre-periphery structure of space in thepresent context is essentially an outcome of ableist assumptions. Attempts to promote disabledfriendliness in canteens, union rooms, common rooms, playgrounds, seminar halls, etc., receivea disturbingly limited attention, if any. In other words, participation of disabled persons incommunity activities, co-curricular activities and entertainment is treated with least importance,especially in the field of higher education. In the context of a developing country such as India,where scarcity of resources is a major challenge, speaking about such overlooked areas ofdiscourse might appear as an instance of literary utopia. However, we think it is useful to makethese unseen areas visible in order to thoroughly disrupt the habits and attitudes endorsed byableism. In our paper, we shall endeavour to show how increase in visibility and representationof disabled persons in a given space can bring about changes in societal approach towardsdisability. The scope of our paper would also encompass a selective discussion of the variousmodels of disability, an understanding of which might help us in developing resistance againstableism in a more specific manner. We also intend to discuss how inadequate visibility ofdisability in curricula promotes misconceptions, which in turn lead to ‘othering’
BLASPHEMY LEGISLATION IN INDIA: SPOTLIGHT ON PUNJAB'S NEW LAW AND ITS IMPLICATIONS
Get PDFThis article delves into the contentious issue of blasphemy and the specific context of blasphemy laws in India, with a focus on the introduction of such legislation in Punjab, a state in northern India. Blasphemy, defined as the act of showing contempt or disrespect towards religious beliefs or sacred objects, has long been a sensitive subject with implications for religious freedom and social harmony. The article examines the historical and legal background of blasphemy laws in India, highlighting the recent development of Punjab becoming the first state in India to enact its own blasphemy legislation. Through an analysis of the Punjab blasphemy law, the article explores the provisions, controversies, and potential ramifications of such legislation on freedom of expression, religious tolerance, and communal harmony. It also considers the various perspectives surrounding blasphemy laws, including arguments for their necessity in protecting religious sentiments and arguments against them, emphasizing the potential for misuse and stifling of dissent
THE PLIGHT OF BANGLADESHI UNDERTRIAL PRISONERS IN INDIA: A CRISIS OF JUSTICE
Get PDFThe largest group of foreign national inmates in India is Bangladeshi inmates. Bangladeshis made up 68.8% of the 5,168 foreign national prisoners housed at the end of 2018, according to data provided by the National Crime Records Bureau (NCRB). It is important to consider the high number of prisoners from Bangladesh in India when considering their shared history, as well as the frequent movements and social interactions across their porous borders. Following India's partition in 1947 and again during the Bangladesh Liberation War in 1971, there was a significant migration from Bangladesh to India. The Assam Accord was signed in 1985 as a result of the significant outcry over the flood of Bangladeshi migrants in Assam. In the 2005 case of Sarbananda Sonowal v. Union of India, the Supreme Court of India invalidated the Illegal Migrants (Determination of Tribunal) Act, 1983, which established the processes for identifying and removing illegal migrants from Assam. The court ruled that the Act violated Articles 14 and 355 of the Indian Constitution. The publication of the National Register of Citizens (NRC) in Assam on August 31, 2019, which excluded 1.9 million people as citizens of India, has brought the topic of detention and deportation of illegal migrants back into the public eye. This research paper is an attempt to examine the reasons behind the imprisonment of Bangladeshi undertrial prisoners in India particularly in some cases even if they have completed more than half of the sentences provided under the law for those offences and to find out some remedial measures for those who for some reason have came to India and thereafter, have never been able to return to their country of origin
LEGAL ASPECTS OF CLIMATE CHANGE-RETHINKING THE DILAPIDATED SUBLUNARY WORLD
Get PDFWith the glaciers truncating in the globe and the ice lakes cracking up, the effects of climate change on the environment have already been evidently witnessed. The two stirring subjects that are often seen to be scrupulously related are economic development and climate change. Global Warming is real and it is eventuating indeed most assuredly having the activities by human beings as its root cause, this is indeed debated as the dominant cause of climate change as maintained by a mind-boggling scientific consensus. With the technology coming up mapping the carbon(Carbon Mapping) is emerging as well as the most welcoming phenomenon that needs to be elucidated and understood. It is most compelling for the scientists as well to know where the carbon is absolutely stored. It is a constitutional imperative to safeguard our environment and in that line, the Indian Constitution through its sundry articles provides for preserving our nature and the environment including forests and wildlife. The first part of the paper seeks to offer a general perspective on the dimension of climate change in a nicety and its effects on the earth as a whole. The paper does not endeavor to elucidate the whole technical aspects in relation to climate change but focuses on a few scientific concepts here and there. The paper also ventures to shed light on the constitutional perspectives in preserving nature and the legal perspectives in relation to climate change
CRIME FORECAST USING ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING: PERSPECTIVES AND CHALLENGES
Get PDFThe functionalist school sociologists contends that crime is inevitable to the society and it cannot be avoided. There is a proportional relation between crime and society as crime advances with the society development. From the numerous recent changes ongoing in our legal system, it can be easily inferred that an act which was not considered as crime, might be a crime today and an act which was considered as crime, might not be a crime today. With time and technology, there is not only increase in conventional crimes but also varied and different categories of crimes. These advancements in criminal activities must be effectively dealt by our legal system. On the other hand, in 21st century, we are also witnessing the fast- paced technological advancement, overhauled by involvement of Artificial Intelligence and Machine learning. Its usage is also growing at exponential rate in everyone’s routine whether it may be an individual or an organisation. AI and Machine Learning are so-called advanced that they can predict the upcoming circumstances based on the algorithms and data available. This feature is sometime reasoned to enlarge effectively enough so as to predict the crime and prevent the occurrence. Keeping in view the continuous rise in crimes, can it be a prefect tool to avert the crime from happening? The authors in this paper have identified the practicalities of system using machine learning technology by furnishing perspectives and challenges. The paper essentially centres around the differences between the traditional approach and emerging practices through involvement of AI and machine learning in dealing with crime and its impact over the individuals as well as society
ROE V. WADE: A COMPARATIVE STUDY INTO ITS IMPLICATIONS AND THE PRESENT DEBATE
Get PDFWhen we talk about women they are entitled to several rights which are claimed by them across the globe these rights include bodily integrity, protection from sexual harassment, fair wages, reproductive rights etc. These rights are recognized and supported by institutionalizing them into law or local custom by some countries whereas they are violated and suppressed by others. Since ancient times the status of women regarding these rights has remained an all-time low, for a long period of time women has been treated as a commodity violating their Human rights the most recent violation has been witnessed in Texas supreme court ruling overturning the historic judgment of roe v wade 1973, Which made abortion legal in the United States , the present ruling is in clear violation of this judgement this article shall analyze the case of 1973 and how the present ruling violates it
CHALLENGES OF REHABILITATION OF SPECIAL CHILDREN IN INDIA: THE LAW, POLICY AND PRACTICE
Get PDFA Special Child is the one who differs so much from his peer group in respect of physical, mental orsocial characteristics that he is unable to develop his full potential under normal conditions in theordinary class, and for whom some special attention is required for his rehabilitation in the form ofinclusive education in the school by the specially trained teachers. It is found that the progress inrehabilitation of Special Children is limited by a lack of specially trained educators and financialresources. So far, the amenities designed to trained teachers for inclusive education are extremelyless and insufficient. Therefore, it is essential to expand inclusive education for special children suchas physically, mentally, intellectually and specially abled children. An attempt should also be made bythe government to set up inclusive educational centres with well-equipped special educators in orderto support these special children. In light of this, the present research paper tries to evaluate the roleof Rehabilitation Council of India for imparting special education to special children. In addition tothis, an attempt has also been made to examine the policies and legislation along with the newlyenacted law passed in 2016, in order to appraise rehabilitation of Special Children in India. Lastly,through the concluding remarks, the article throws light into the unvarying delight of all unalienablerights and rudimentary privileges to all Special Children and to uphold admiration for their intrinsicnobility so that they are brought at par with other children of the nation
RIGHT TO INFORMATION AS AN ANTI-CORRUPTION TOOL
Get PDFThere is not an iota of doubt that the cancerous growth of corruption is a serious threat to the institution of democracy. India, being the world’s largest democracy, has an added responsibility to nip this disease in the bud. To some extent, Right to Information (RTI) Act has been used by the citizens of India to throw light on corruption in public services. However, the fact remains that even the provisions of the RTI Act have not been able to address the issue of institutional corruption properly. Adding to this, a general lack of awareness on the part of the citizenry as to how to effectively use the RTI Act to curb corruption, adds to the nation’s woes. The objective of the paper is to let the reader know that various forms of corruption that are plaguing the Indian system may be curbed if RTI is used effectively. The paper tries to decipher the shortcomings of the RTI Act and puts forward certain recommendations that may help to reduce corruption and to enhance transparency and accountability among public authorities. The paper is based on a doctrinal study and employs descriptive and analytical methods to reach at summarised findings
SCOPE OF THE SUBORDINATE JUDICIARY UNDER SECTION 482 OF CRPC
Get PDFSection 482 of the Code of Criminal Procedure (CrPC) extends plenary powers to the High Courts to deal with any form of criminal matters. But whether these powers percolate down to the magistrates courts is a question because time and again these courts are unsure as to whether they can assume these powers to themselves to adjudicate criminal cases within their prescribed jurisdiction. The objective of this paper is to find out whether the subordinate judiciary can also enjoy those inherent powers granted under Section 482 of CrPC. The paper is based mainly on the analyses of judgments both in favour and against extending the inherent powers to the subordinate judiciary dealing with criminal matters. The paper argues that when subordinate civil courts can pass orders under Section 151 of the Code of Civil Procedure (CPC), why can’t the magistrates courts pass orders invoking Section 482 of CrPC. The paper concludes by saying that the Indian criminal justice system will be greatly served if the inherent powers granted to the High Courts under Section 482 of CrPC are extended to the subordinate judiciary. The methodology adopted in this paper is doctrinal and the method employed (to reach at conclusive findings) is analytical
ROLE OF AI IN HEALTHCARE AND ITS LICENSING FRAMEWORK IN INDIA
Get PDFArtificial Intelligence (AI) is a fast and ever-growing field and innovators along with their AI algorithms never fail to astonish the world with their novel inventions. AI has emerged to be a transformative force in the field of healthcare and medicine by way of revolutionary diagnostics, drug discovery, treatment, remote monitoring as well as customized healthcare. AI in healthcare is not a nascent concept and has been in existence since the 1960s. Its evolution over the years has helped AI develop from being a recommendatory tool to a surgery-assisting robot. AI-driven innovations hold the potential to accelerate medical advancements, and pharmaceutical companies around the world have recognized the same. Therefore, AI healthcare applications and devices are being patented to have a monopoly over such applications and devices in their respective technology and area. Further, licensing of such patents can yield economic returns to the inventors as well as investors. This paper explores the key applications of AI in the healthcare sector, particularly in India, and the patent portfolio of a few of the top healthcare companies and their licensing aspects. It further delves into the intricate relationship between AI licensing and software and technology licensing within the Indian Patents Law regime. This will be established through an empirical study of three healthcare companies and their contractual arrangements, dealing with AI components and technologies