NUJS Journals West Bengal National University of Juridical Sciences
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MEDIATION CENTRED OPERATIONAL-LEVEL GRIEVANCE MECHANISMS: FUTURE OF BUSINESS AND HUMAN RIGHTS DISPUTE RESOLUTION?
Get PDFSOCIAL CONTRACT THEORY AND IT’S DIMENSIONS- A CRITICAL REVIEW
Get PDFFrom ancient times to modern times, political obligation has undergone dramatic transformations and adapted to the changes in political systems, styles of governance, and philosophical thought. Social contract theories have dominantly characterised the ideas of political obligation, and three of the foundational approaches were provided by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. This theory has been developed by modern thinkers such as John Rawls, who stipulates that political obligation originates from a duty to justice as fairness, where a citizen is under a moral obligation to support laws complying with the principles of justice and equality. This paper is an attempt to analyse different dimensions of Social Contract Theory critically and to develop a comprehensive understanding about the same
SOCIAL SECURITY THROUGH AGES: AN OVERVIEW
Get PDFThe issue of social security has received attention from various fields including sociology,economics, law, public policy, etc, especially in a developing country such as India. The ideaof social security has developed through ages. The paper explores the origin of socialsecurity especially in the Indian context. India has a history of foreign invasions whichtransformed the socio-economic structure of the Indian society. Against this backdrop thepaper seeks to study the evolution of social security. It also explores the problems and issuesof social security with respect to India in the present day context of globalization. Socialsecurity is more of a social construct and social security crisis is created by the societythrough inequality and unequal distribution of wealth in the society
A LEGAL STUDY ON PERSONAL LAWS IN INDIA WITH RESPECT TO WOMEN’S PROPERTY RIGHTS
Get PDFThe main motive behind this research is to legally study on “Personal Laws in India with respect to Women’s Property Rights”. It is most significant to highlight the necessity of gender-sensitive social protection programs that pay attention to Personal Laws in India with Respect to Women's Property Rights. It creates an impact by emphasising how numerous cultural, economic & social factors influence the relationship between domestic violence & property ownership, and warns against using a one-size-fits-all strategy to domestic violence prevention. An attempt has been made to identify and determine the share of females under various legal systems, so as to undergo through the problems and challenges faced by women in India. By doing so, a research gap has been furnished to domesticate the intricate law of inheritance, allowing members of a given culture to quickly determine the shares of females. Therefore, to overcome with this research gap, certain objectives has been finalized such as to learn more about women's knowledge of their property rights; determine the extent to which various religious groups in India use legal acts to protect women's property rights; recommend Acts be amended as needed to eliminate gender prejudice in women's property rights inheritance; and make recommendations for the formulation of policy effectively & execution that will lead to gender equality. The current researcher used a completely doctrinal research approach to complete the research assignment. The recapitulation is made in this study, and a feeble but honest attempt is made to offer some methods for women’s empowerment, emancipation from the equality of rights in inheritance & gender bias system. This research aids in revealing the dynamics of challenges relating to the property rights of women in order to build better programs that respect property rights of women's while increasing social fairness. At the social, individual, & communal levels, the study attempts to document and explore the complex conversation of reasons and explanations that breach women's entitlement to community & land property rights. Thus, the apex courts' and different high courts' judicial rulings have been thoroughly addressed in this study, and appropriate corrective measures have been proposed
Livelihood strategies of Lodha Woman: A Case Study of Paschim Medinipur district, West Bengal
Get PDFIn this paper, I have made an attempt to find out the survival strategies of Lodha in the Paschim Medinipur district. The study deals with the implementation of various types of development inputs among the Lodha community (a Primitive Tribal Group in West Bengal) in the study village. Lodhas who were designated by the British colonialists as a “Criminal Tribe” and later this nomenclature underwent interesting evolution in the postcolonial period. This poor, marginalized community was later put under the category of “Denotified Community” and at present has been reclassified as a “Primitive Tribal Group” (PTG). The condition of the Lodhas have changed but not in the hopeful direction. And after sixty years of Independence of the country their socio-economic condition has improved little. The present study is an empirical evaluation of the survival strategies as marginalized community. The study revealed that the Lodha woman are survive themselves by the SHG, Forest Produce Collection (FPC), hunting, domestic animal and poultry bird rearing. Their landlessness and poverty is the major constraint of the Lodhas. It was found that the distribution of poultry bird and cattle by the Government was not done properly. On the other hand they survived themselves through vegetable cultivation and day labourer
The Robot and The Law: A Future Stress
Get PDFThe research examines how indispensable artificial intelligence has become in a man’s day to day activities. With robots getting citizenship and playing an immense role in human life, the question of protection of human rights along with legal provisions oriented with robots has come to highlights. Humanity has obligation towards our ecosystem and social system. Robots being a part of both therefore get rights as humans till the fact that humans do not end up being technologically paralysed that the robots start misusing their rights affecting the human rights in return. The paper further focuses on laws underlying robots in human life which overruled Asimov’s Law of Robotics. Considering that within a few more years robots will completely be at the same platform as humans, the paper discusses the pros and cons of the same. With the world stepping forward each day surrounded by the atmosphere of industrial revolution, fast developing country like India has achieved a position to look upon. It’s ranked among the top three countries in the world implementing robotic automation in their core business process. Therefore artificial intelligence stands as a welcoming step for various sectors in India where robot play a role of a pseudo human. This character of pseudo human nature needs to be evaluated on urgent basis as because of the technological advancement. For the said circumstances it is required to get the idea of the future legal structure of robot law, this research work highlights the same
GENDER, DEMOCRACY AND EMPOWERMENT: GRAM PANCHAYATS AND THE WOMEN OF INDIA
Get PDFIndia has come a long way in including and strengthening the role of women in democratic decentralisation and policy making. This paper aims to look at how women engage themselves with Gram Panchayats from the perspectives of equity, socioeconomic justice and democratic decentralisation. There are three parts of the paper. The first part deals with the current status of women’s engagement with Gram Panchayats and how the existing socio- legal frameworks have helped women in elevating their socio-political status while developing the institutions at the grassroots levels. In the first part, apart from direct engagement, the role of Self Help Groups is also sought to be examined. The second part deals with the problems that woman representatives and participants face. The list is long and an effort has been made to examine the reasons behind these problems and reach to a common conclusion in order to find viable solutions. The paper makes an attempt to find out how the sense and sensibility of women shape these grassroots democratic institutions and bring a hitherto overlooked aspect to decision making and prioritising. The third part is about the possible areas to work on in order to develop greater female participation and to empower the democratic institutions while empowering the women. The paper is based on descriptive and historical methods and strives to provide a theoretical analysis of the changing roles of women at the grassroots level
GENDER, HOMOSEXUALITY AND THE RIGHT TO MARRIAGE IN INDIA: A CRITICAL ANALYSIS
Get PDFThroughout history, same-sex relationships in India have been stigmatized and repressed as a result of profoundly entrenched cultural and societal conventions. Nonetheless, as judicial and legislative entities in India and society as a whole become more cognizant of the issue of legalizing same-sex marriage, it has garnered considerable attention due to the growing recognition of human rights and the global LGBTQ+ rights movement. A marriage inequality that is predicated on sexual orientation and gender constitutes a transgression against the fundamental rights of the LGBTQ+ and homosexual communities as a whole. Modifying the provisions of the Hindu Marriage Act and the Special Marriage Act is insufficient; a constitutional declaration of marriage comparable to that of the heterogeneous group is required. Society will eventually embrace same-sex marriage as a result of the Supreme Court's recognition of it; therefore, the Supreme Court must exert pressure on society to recognise same-sex marriage for the betterment of the society. As a result, the focus of this research is to analyse the recognition of the right to marriage for homosexuals in India, given that this practice has been observed in Indian culture since antiquity and is currently legal in a great number of other nations as well. In addition, it will assess the consequences of such rights' recognition and propose strategies to promote their legal and social approval in India
REVISITING THE CONCEPT OF PAROLE SYSTEM IN INDIA: CRITICAL ANALYSIS
Get PDFCrime is a part of our society, but the reaction and response to crime makes different criminal justice system globally. Administration of such criminal justice system plays an important role in shaping the understanding of society’s response towards crime and criminal. With changing needs of this globalizing world, the idea of criminal justice system had also made a shift from giving harsher punishments to restorative and reformative justice. Parole is one of such concept of implementing rehabilitation and reformative measures in correctional process of jail reform. It is a reformation which helps the prisoners to reintegrated in the society which helps him in social rehabilitation. Now a days this concept of parole is changing in India. Thus a revisiting to the concept of parole in India is much required. In the Covid-19 pandemic, the overcrowded prisons also an alarm for reformation of parole system in India. This study will be a doctrinal research based on various secondary data available in different books, journals and websites. In this paper, the author will be dealing with the critical analysis of parole system in India, misuse of Parole and very importantly the effect of Covid-19 pandemic and various High court and Hon’ble Supreme Court decision on Parole orders