NUJS Journals West Bengal National University of Juridical Sciences
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MARINE SPATIAL PLANNING: A PLAUSIBLE AND SUSTAINABLE LEGAL SOLUTION TO INTERNATIONAL TERRITORIAL DISPUTES AND FISH WARS
Get PDFThe contemporary relevancy of Hugo Grotius’ Paradigm routed in the foundational principles of the law of the sea has resulted in escalating ecological degradation demanding a conversation on the status quo of the United Nations Convention on the Law of the Sea in regards with its applicability and jurisdictional framework. China’s incursions on the territorial limits of its South- East Asian counterparts catapulting into so called fish-wars highlights the chasm that international law of sea has failed to abridge even after infamous ‘cod wars’. The intersection of economic pursuits of Natural resources coupled with fish harvesting motivated by unsettled political disputes over ambiguous territories pose a serious limitation on UNCLOS and other relevant law pertaining to the governance of sea. With China’s domestic waters exhausted due to unbridled exploitation and lapse of legal framework to regulate the same; it has now taken to explore and claim sovereignty over undefined maritime territories (Diaoyu islands) contested by Japan, Vietnam and South Korea. The said circumstances are insinuating of danger to the “concept of the Common heritage of Mankind”; as china is not isolated in its attempts. One has to carefully tread and craft a line of distinction between sustainable development and exclusive exploitation which can be made possible by Global Ocean Governance facilitated by ‘Marine Spatial Planning’ based on principle of equity; a well formulated, flexible and transparent legal tool to adjudicate legal dilemmas with primary focus on Marine conservation. MSP can be catalyst in mitigating if not eliminating the chasm in law of the sea establishing an interaction link between ocean users in pursuance of environmental preservation and sustainable development policies. The law of the sea affirms formulation of a global legal framework; with the Spirit of MSP routed in the UNCLOS defined directives of marine environment and aquaculture preservation can bolster international law
THE CONUNDRUM OF SPACE DEBRIS AND ITS SUSTAINABLE REMEDIATION BY POLLUTER PAYS PRINCIPLE
Get PDFThe reach and advancement of humans in the technical fields and the scientific achievements have been profound in past few decades. The same can be witnessed in the field of exploring and traversing the space and the results have been nothing but extremely impressive. We have not just been able to travel to different planets and explore them but also speculate existence of life or the possibility of supporting life on these planets, intercept collision of meteorites and even talk about buying lands on the Moon! However, each coin has two sides to it and example of such brilliance has come with certain cons as well. In order to carry out the explorations, satellites and spacecrafts are sent to outer space, but what happens to these space objects when they become inactive? These inactive space objects end up remaining in the outer space and give rise to the growth of space debris. However, other than Outer Space Treaty, there is no such international or national legal framework to address the problem of space debris and therefore the question as to who would be responsible and liable for the debris creation and remediation remains unanswered. The proposed paper would, thus, examine the existing legal frameworks, identify the policy gaps and study whether the environmental principles of Rio Declaration, 1992, will be applicable in order to answer the questions related to the responsibility and liability for space debris. It would especially try and determine whether Countries can rely upon the Polluter pays principle in order to attach liability with any organisation in case of state funded or privately funded space missions. Thus, the author will attempt to provide solutions to the policy gaps and offer a workable remedy
REIMAGINING REGULATION OF SPEECH ON SOCIAL MEDIA PLATFORMS IN INDIA
Get PDFThe driving objective of India’s current regulatory response to speech on social media platforms (‘SMPs’) is to curb harmful and unlawful speech online. But its ability to achieve this is seriously undermined due to a lack adequate understanding of the free speech problems posed by the evolving and complex nature and functions of these platforms. Further, an exclusive focus on curbing harmful and unlawful speech has led to the framing of the regulatory question as one concerned with striking a balance between curbing undesirable speech and protecting freedom of speech. Such a framing gives enormous power to the state and the platform to decide what legitimate speech is and what is not. This thesis posits that there is a need to re-orient the goal of India’s regulatory approach to speech on SMPs from one that is solely focused on fixing liability for harmful content to one that seeks to make SMPs a healthy and vibrant public sphere. When this becomes the regulatory goal, the real balancing act to be done is between empowering the state and platforms to regulate speech on the one hand, and placing restrictions on their power, on the other
HISTORICIZING THE CRIMINAL JUSTICE ADMINISTRATION IN INDIA: TRACING ITS EVOLUTION IN BRITISH COLONIAL ERA OF 1757-1947
Get PDFThe essay attempts to trace the evolution and development of Criminal Justice Administration during the British colonial era. The paper particularly focuses on the colonial era of 1757 – 1947. Firstly, the paper draws from the legal literature and religious books prevailing during the ancient and medieval India such as the Manusmriti, Dharmashastra and Arthashastra, Quran, Sunnah and Hadis, and has explored the initial sources of law and Criminal Justice Administration in India. Before the arrival of the British, the Muslim laws were prevailing under the Mughals in the Indian Justice system. The British found that there were irregularities in the prevailing Muslim laws that needed amendments. The Muslim laws were found to be illogical, irrational and even inhumane to the British. Therefore, the British started to initiate various amendments in the laws, which finally culminated in the formation of the Indian Penal Code 1861. Secondly, the paper identifies the major pillars of Criminal Justice Administration that includes the police, prosecution, courts and correction in dispensing justice. Lastly, the paper locates the changes and reforms of these pillars of Criminal Justice Administration under the British colonial rule and tries to identify the motives behind such reforms
TRANSFORMING ACCESS TO JUSTICE IN THE DIGITAL AGE: THE ROLE OF E-COURTS
Get PDFThe digital age has revolutionized various aspects of society, including the justice system, and India is no exception. E-courts, utilizing digital technology, have the potential to make legal proceedings more efficient, accessible, and user-friendly. By overcoming geographical barriers, e-courts enable individuals, regardless of their physical location, to participate in legal processes remotely. This is particularly beneficial for individuals residing in rural or remote areas in India. Digital literacy is emphasized as a crucial factor in effectively utilizing e-court systems, requiring educational initiatives to ensure equal access to justice. The research paper highlights the significance of robust technological infrastructure and policies to protect privacy and confidentiality. Admissibility of electronic evidence and safeguarding fundamental rights are discussed as legal and ethical challenges. Collaborative efforts among policymakers, legal professionals, and technology experts are advocated for leveraging the benefits of e-courts while upholding principles of justice in India's digital age
EXPANDING CIRCUMFERENCE OF ABORTION LAWS AND THE CONUNDRUM OF AUTONOMY
Get PDFThe expansion of abortion laws has been a topic of much debate and discussion in recent times. The conundrum of autonomy lies at the heart of this issue, as individuals and societies grapple with the balance between personal freedom and societal norms. In India, the Medical Termination of Pregnancy (Amendment) Act 2021 caters to safe and legal abortion services on therapeutic, eugenic, humanitarian, and social grounds to ensure universal access to comprehensive care. This move has been hailed as a win for women’s autonomy and reproductive rights. A recent landmark case in India that touches upon this issue is X v. The Principal Secretary, Health and Family Welfare Department, Govt of NCT of Delhi. In this case, the Supreme Court of India ruled that every pregnant woman has the intrinsic right to choose to undergo or not undergo an abortion. This article critically examines this case, question of real autonomy and critical loop holes and probable acceptable alternatives. However, the debate continues as different countries have different laws and cultural attitude towards abortion. The right to accessible, high-quality abortion care is considered a human right by many organizations, but restrictive laws and policies continue to undermine women’s autonomy and reproductive rights, in effect. The judgement in question, as well as its impact and the true scope of the autonomy that women have in this matter, are all critically examined in the paper. The research project examines the implemented improvements and pinpoints any discrepancies that need criticism along with potential solutions
A NEUROSCIENCE PERSPECTIVE OF CONDUCT AND CAUSATION IN CRIMINAL LAW IN INDIA
Get PDFNeuroscience is increasingly finding its association with legal discipline. The fundamental principles of Neuroscience establish certain inalienable behaviour of human being which natural law jurisprudence pleads to give legal right in different domain of law. The diagnosable behaviours of Neuroscience can also be due to non-biological social origin where law plays a dominant role. The current paper explores the association of neuroscience with two cardinal constitutes of crime, conduct and causation. Conclusion: The paper concludes with an observation that the courts in India are discussing the diagnosable neuro-scientific facts suggesting relevance of neuroscience on conduct and causation in the criminal law in India paving the way for the scientific orientation of facts presented before the court of law
IMPACT OF MACRO ECONOMIC VARIABLES ON ECONOMIC CRIME IN INDIA: AN EMPIRICAL ANALYSIS
Get PDFThis paper attempts to shed light on the relationship between Economic crime and Institutional factors (police and court) in twenty Indian major states using Panel Data analysis. Major states are Andhra Pradesh, Assam, Bihar, Goa, Gujrat, Haryana, Himachal Pradesh Kerala, Karnataka, Madhya Pradesh, Maharashtra, Meghalaya, Nagaland, Odisha, Punjab, Rajasthan, Tamil Nadu, Tripura, Uttar Pradesh, West Bengal. The selection criteria of major Indian states are highest population density in last census 2011.Data are taken from the Reserve Bank of India the and National Crime Record Bureau. Results declare that the economic crime rate increases with economic growth. Industrial Worker is the proxy of Urbanization. Urbanization leads to more economic crime. Police and Court are two institution which control Crime. Charge sheet rate is the performance indicator of Police and Convicts rate is the court’s performance indicator. Institutional factors like charge sheet and convict rate significantly reduce Economic crime in major states. As a policy prescription may conclude that law and order should be strengthened to control economic crime in India
Shielding the unregistered marks: a judicial analysis
Get PDFWith the advent and growth of economy, trade has been consistently on the rise & such rise has been increasing at a steady pace. To recognize a product as one's own, the traders tend to associate themselves with the name by which their product is commonly known to the masses and it is this name which is regarded as Trade Mark. The Trade Mark Act, 1999 along with the Trade Mark Rules, 2017 gives an array of rights related to Trade Mark. The principal legislation along with the rules aims at providing plenty of rights to the registered trade mark holder. Going by this notion, does this mean that those who do not have a registered Trade Mark are not subjected to any right or they are disentitled from getting any right? Simply put, the answer is no, it isn't so. Those who do not possess a registered trade mark can also stop the other person from using the identical or similar trade mark by invoking the Doctrine of Passing Off. This doctrine is based on the principle that no one has right to represent one's goods as the goods of other. To get the remedy of passing off the plaintiff has to proof that he is the owner of the mark, and the same has gained reputation and goodwill in the market and that the misrepresentation which has been done by the defendant due has caused the plaintiff to have suffered irreparable losses and damages. This article delves into the concept of passing off, the main elements that constitutes passing off, the evolution of law of passing and the role of judiciary to uphold the concept of passing off in the Indian Judicial system. Though, the person who has not registered the trade mark gets the rights but these rights are per se limited. In order to prove that an action of passing off holds ground, one has to show that reputation and goodwill are attached to the trademark that is in question. For an action of Passing off there as such is no criteria or definition that is expressly provided in any of the statutes. So it becomes a cumbersome job for the plaintiff to proof the same and even judiciary takes different approaches in different cases with regard to a passing off action
TIME FOR AN INDIAN NATIONAL SPACE SECURITY POLICY?
Get PDFRussia vetoed a UN Security Council resolution aimed at preventing an arms race in outer space, which reflected the growing geopolitical tensions in space activities. The resolution, initiated by the United States and Japan, responded to concerns about Russia’s development of nuclear anti-satellite weapons. The Outer Space Treaty prohibits the militarisation of space, but its interpretation regarding “peaceful purposes” remains contentious. Despite ongoing UN efforts, including calls for legally binding measures, space militarisation persists, with major powers like Russia, the United States, and China actively advancing space defence capabilities. The United States and NATO have recognised space as a critical operational domain, while countries like India are also expanding their space military capabilities, which is evidenced by India’s successful ASAT test in 2019 and its increasing focus on space security. India’s space policy, though still developing, lacks a comprehensive national space security framework, which experts argue is necessary given rising regional tensions, particularly with China. The article posits that a robust space defence strategy could help India mitigate security risks, enhance military capabilities, and foster international space cooperation