NUJS Journals West Bengal National University of Juridical Sciences
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    Panchayati Raj System to tackle rural-urban migration in Sunderban, Wet Bengal: An empirical study to know the present and future under local governance

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    In India, the government is continuously working towards an improved nation since independence. Panchayati Raj system is one of those since 1959 the federal nation got a taste of rural local governance through participatory decision making. Especially with the 73rd Amendment (1992) of Indian Constitution, the rural people are ensured that there is an authority to improve their life and locality. The rural development ministry is also using the three tiers of Panchayat to reach to the villagers for implementing different schemes and programs. If the Indian Sunderban is considered as a rural demographic set-up then it is seen that the people are migration prone because of the resource scarcity & in this case they select urban localities to migrate. And the migration caused several tragedies because the persons are easily be cheated, health hazards may occur, women and elderly persons may be in trap during absence of their guardians. In this connection this research will seek how much progress has happened in the lives of the residents through the Panchayat system and what more facilities can be made for them. It is an empirical research with a mixed type of data analysis

    INCLUSION OF PERSONS WITH DISABILITIES: A LONG-AWAITED JOURNEY!

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    This paper discusses the present scenario of persons with disabilities in West Bengal, India. Even after 70 years of independence, 20 years of the passing of Persons with Disabilities (1995) Act and a few months of the Rights of Persons with Disabilities Act (passed in December 2016), the daily environments of persons with disabilities in the state remain inaccessible. This is despite the fact that in the last two decades of the twentieth century, UNO sponsored multiple initiatives for the empowerment and inclusion of disabilities in the mainstream society that finally culminated in the United Nations Conventions for Rights of Persons with Disabilities (2006). Although disability rights movements that emerged in the late twentieth century within the broader disability discourse have taken a new shape, many issues especially those at the intersection of disability and education remain unaddressed. In this global scenario, the perpetuation of overt and systemic discrimination against persons with disabilities by institutions in the state of West Bengal is a result of lack of empathy and understanding. In this paper, we examine different aspects of inclusivity and the current state of ‘mainstreaming efforts’ in West Bengal within a broader historical perspective. We emphasise the respective roles of the state, the civil society, and individuals, both with and without disabilities, in this context. Ourdiscussion is primarily based on a field survey, and a critical examination of popular theoretical assumptions regarding persons with disabilities, in the context of West Bengal. Finally, we also present a few case studies, which were recorded during our field-study, to humanise the condition of persons with disabilities in West Bengal. Overall, this article tries to highlight the daily experiences of disabled persons in the state

    PANCHAYATI RAJ INSTITUTIONS AND RURAL DEVELOPMENT: A STUDY ON RESPONSIBLE TOURISM INITIATIVE IN KUMARAKOM GRAMA PANCHAYATH

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    Despite being a consumerist state, Kerala was able to maintain high living standards matching those of highly developed nations, owing to its huge foreign remittances and human development. More than four decades have passed since the conception of ‘Kerala model of development’ and the earlier euphoria surrounding the model no longer exists as serious questions regarding its sustainability were raised in 1990s. Almost in the same decade, the idea of ‘New Kerala Model’ was mooted in academic circles. This new model, which promised to integrate sustainable development goals into policy making, was essentially rooted in the concept of decentralisation. However, over the years, Panchayati Raj Institutions (PRIs) have been vehemently criticised for their failure to take into account long- term aspirations of the locality and to implement projects without meaningful forward and backward linkages. It was almost in the same era that Kerala recognised the potential of tourism as an important income generator. The present paper reflects upon how problems associated with PRIs can be solved to an extent if we can effectively incorporate tourism as an alternate revenue source, through a study on responsible tourism initiative in Kumarakom Grama Panchayath. The aim of the present paper is to make an in-depth study regarding the role of tourism as an alternate revenue source for PRIs in Kerala. The two main objectives of the paper are (i) to trace the history of PRIs in Kerala and analyse the challenges faced by them during the post-liberalisation era (ii) to examine how tourism can be effectively used to overcome the challenges faced by decentralisation in Kerala through a case study in Kumarakom Grama Panchayath. The paper employs descriptive and analytical methods to dissect facts and frameworks and to reach at outcomes

    TOWARDS AN EFFECTIVE PARTICIPATORY LOCAL SELF-GOVERNANCE

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    The overall progress of the Indian villages depends upon the upliftment of rural masses, socially, economically and politically. Effective people’s participation in the democratic processes provides voices to the otherwise voiceless rural masses who toil under extreme conditions of poverty, illiteracy and inequality. The present model of Panchayats was created keeping in mind the Gandhian ideology of Gram Swaraj and self-sufficiency of villages. Gandhi said: “The village problem has to be solved by the villagers alone.” Gandhi’s idea of people’s participation in development of rural areas is still applicable to Indian villages. However, despite the constitutional status granted to Panchayats as a body responsible for local self-governance in India, the overall progress of villages and implementation of a large number of development schemes is not at par with the desired outcome. The increasing gap between Panchayats and the results that they were created to ensure has to be reduced and people’s active involvement can go a long way in achieving the same. Through the present paper, the authors have traversed through the road towards ensuring effective people’s participation amidst the system of local self-governance in India. A descriptive method has been adopted for the purpose of analysing the evolution of people’s participation and identifying the present developments in that direction

    CYBER-CRIMES AGAINST ELDERLY PEOPLE IN INDIA – SEARCH FOR DEFENCE MECHANISM TO COUNTER

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    The crimes against elderly people in India is experiencing significant growth. Contemporary offenders specifically focus on elderly individuals as victims of various criminal acts, including cyber-crimes. These concerns are likely to have had a detrimental impact on the quality of life and overall well-being of elderly people. Since 2014, the National Crime Record Bureau (NCRB) in India has incorporated a distinct category to account for offences perpetrated against the elderly population. The prevailing cultural norms perpetrate acts of violence and harm against the elderly and parental figures, as evidenced by the content of this recent publication. The occurrence of crime against the elderly prior to 2014 should not be inferred as nonexistent based solely on the 2014 item. Conversely, the data reveals a significant surge in the number of reported cases among elderly individuals. Initially, the study discusses various laws and policies which are meant for elderly people. Keeping those laws and policies in the background, the study will analyze the surge in cyber-crimes against elderly people. Lastly, the study will seek to reduce the gap between the existing social measures and the commission of crimes against elderly by posing certain recommendations to enhance the safety of them.&nbsp

    UNEMPLOYMENT BENEFIT IN INDIA: NEED FOR EXPANSION OF ITS SCOPE

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    Globalisation, together with the fact that employment opportunities in the Indian organisedsector is limited, has resulted in leaving a large body of people with the hope of securingemployment only in the unprotected unorganised sector. This paper lays out the abysmalpicture of the fate of persons who suddenly find themselves unemployed in a country such asIndia, not just in terms of the meagre scope (and coverage) of unemployment benefit, but alsoin terms of other allied factors that exacerbate their plight. After relaying the currentsituation in the country, the author proceeds to analyse the success of those schemesoperative in Organisation for Economic Co-operation and Development (OECD) countriesthat have proven to improve the life of those suddenly rendered unemployed either because ofstructural or functional reasons. Keeping in mind the vast difference in the economic stabilitybetween these developed countries and India, the author shall suggest a viable formula forimproving the economic security of those rendered unemployed

    BARRIERS TO EDUCATION FOR STUDENTS WITH AUTISM SPECTRUM DISORDER

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    Individuals with Autism spectrum disorder (ASD) have difficulties in three core areas, viz.,difficulty in social and emotional interaction; difficulty in communication and language, bothverbal and non verbal; difficulties in imagination and flexibility of thought. Though the areas ofimpairment are the same yet the degree differs. When autistic individuals are admitted in aninclusive educational institution, the support they require should be different for each individualstudent. The Right of Children to Free and Compulsory Education Act, 2009, entitles all childrento have the right to education as a Fundamental Right. All children including those withdisability have the right to education. Regardless of their ability in an inclusive educationsetting, all children are enrolled in the mainstream classroom. Inclusive education can empowerlearners, combat discrimination, celebrate diversity, encourage and promote more inclusivesocieties. The Rights of Persons with Disabilities Act, 2016 states that all disabled childrenbetween the age group of 6 and 18 years shall have the right to free education’. So that impliesthat all classrooms must be equipped with the support needed for children with special needs.But inclusive education without the right kind of support causes barriers to education.Classrooms are social environments where individuals with ASD may find different degrees ofdifficulties in communicating, interacting or socialising. Inclusive education for individuals withautism spectrum disorder should begin with the first step of understanding this invisibledisability. Likewise, the support needed for the student to overcome the barrier to educationshould be specific to the needs of the individual. In this paper, few common types of difficultiesthat autistic individuals may face in educational institutions are listed. Some of the attitudinaland social support strategies required by students with ASD which may help in removing thesedifficulties or barriers in the education process are also discussed

    Sustainable Development for Quality Life: Assessment of Human Rights

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    Human rights and Sustainable development are two important approaches that can work hand in hand to further substantive gender equality. Human beings should be able to lead and enjoy a carefree life, the humanity should become capable of respecting finiteness of the biosphere, and neither the aspirations for good life nor the recognition of biophysical limits should preclude the search for greater justice in the world. Man’s greed attack nature, environment and ecology and wounded nature backslashes on the human future. Humanity stands a defining moment in history. As we are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and the continuing deterioration of the ecosystems on which we defend of our wellbeing. Earth’s resources are finite and there are ecological limits to growth which unless alter our ways, will sooner rather than later be exhausted. Environment and human beings are inter-related both cannot be excluded from each other. Ever since man came to this earth, there has been an in born and intrinsic tendency to save his person and property. Expressed differently, the protection of one’s person and property is inherent in nature of man. Human rights are those rights, which any human being on this earth must enjoy because of his being a human being. The most fundamental of all rights is threatened by environmental degradation and unsustainable development- the right to life. Right to life being foremost human right implicated right to live without deleterious and perilous invasions of pollution, environment degradation and ecological imbalances. Environment today is no longer a scientist’s esoteric but one of the paramount legal concerns, jurist’s curative commitments and focal agenda of modern socio- legal order

    WOMEN AND THE CONCEPT OF GLASS CEILING IN THE LIGHT OF THEIR POLITICAL RIGHTS

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    LEGAL EDUCATION IN NEPAL

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    This article aims to illustrate the general history of legal education of Nepal in line with its gradual development and reforms having remarkably indicated the prospects of it in the changing scenario of growing importance of law at national and international level. Further, it encapsulates the scenario of legal education in Nepal from +2 level to Ph.D. level to make the entire legal community of the world familiar to its historical development, present state and prospects. Having based on historical, descriptive and analytical methods of doing research, this article gives the general synopsis of expanding horizon of legal education in Nepal. Regardless of having the challenge to maintain the balance between theoretical knowledge and practical legal skills while imparting legal education, it reflects the dire need of having coordination of all the stakeholders like the judiciary and other law-related institutions effectively working in Nepal along with the knowledge and skills exchange programs within the South Asian region and across the world via further capacitating the legal academia in Nepal even by establishing the separate law university

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