NUJS Journals West Bengal National University of Juridical Sciences
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CURRENT LEGAL STATUS OF GM CROPS IN INDIA WITH SPECIAL REFERENCE TO INTELLECTUAL PROPERTY LAWS
Get PDFIndia under the umbrella of the Constitution of India and international legal regime has evolved IPR laws with global compliance of all important treaties and legal instruments. They along with other laws regulate GM technologies related with the GM crops, seed and other propagule production, benefit sharing, preventing biopiracy, or foreign exploitation of natural resources. The present paper is an attempt to collate all the relevant laws and discuss the nuances related to it and to further see their effectiveness in light of the global scenario. Biotechnology like all other new technologies, also have some apprehensions and risks which causes unknown scare into the minds of people. The present paper tries to particularly traverse the intellectual property (IP) laws in India related to GM crops and also cover other laws and institutional framework available in India to regulate the effect or impact of transgenic or GM crops on environment, human health & biosafety
CARTELIZATION IN THE OTT SECTOR IN INDIA: A LEGAL PANORAMA
Get PDFIn this new arena of online content, Netflix Inc. and Amazon Prime Video are playing a pivotal role in getting substantial rights of major big production banners, for instance, Netflix Inc. managed to get the entire streaming rights of the banner, Red Chillies Entertainment owned by Shahrukh Khan whereas Amazon Prime Video acquired, all the exclusive streaming rights worldwide of Salman Khan Films production. In both these cases, we can see a vertical agreement under section 3(4) of the Competition Act, 2002. Vertical agreements are not per se anti-competitive or void, only when they put a restrain on competition, they are considered void. In the present scenario, there is collusion between production houses and streaming platforms, and there is hardly any room left for other emerging OTT service providers to grow in the market
PESA: A MERE MIRAGE OF INDEPENDENT LOCAL SELF-GOVERNANCE
Get PDFThe Panchayat (Extension to the Scheduled Areas) Act, 1996 also known as PESA was enacted with an aim to extend the mandates of local self-governance that was implemented through the 73rd amendment in 1992 in the form of Panchayati Raj Institutions (PRIs). PESA was enacted keeping in mind the ethnicity of the people living in Scheduled Areas and, therefore, empowered the Gram-Sabhas for local self-governance among the tribal communities. The paper tries to study the present scenario of PESA after two decades of its implementation and how the Central Act is being adopted by the states in true letter and spirit. The paper employs descriptive and analytical methods to reach at generalisations. Secondary sources such as Acts, books and other materials those are available with the Ministry of Panchayat Raj (MOPR), Government of India are used in the study. The paper tries to portray that PESA, which could have been otherwise a powerful instrument in the hands of the community living in the Scheduled Areas stands as a caged tiger with no actual power defeating the whole purpose of its enactment. The paper suggests a way forward on how to overcome this present deadlock, thereby, helping in achieving the actual objective of this Act
Live-In-Relationship And Personal Laws: A Contemporary Study
Get PDFIt is the duty of every nation to secure the social values as well as individual liberties. The enduring debate on live-in-relationship can never have a conclusive viewpoint as it keeps varying from time to time and new issues observance up. It creates chaos and conflict with religious and social ethics and legal lenience. The author analyses the position of live-in-relationship in the light of Hindu Personal Laws and Muslim Personal laws; and also discusses the status of persons involved in such relationship and legal effects and consequences of adopting such relationship in Indian social and legal system
DEVELOPING AN AGENDA FOR INCULCATING A ‘TRUST-BASED’ REGULATORY REGIME IN THE INDIAN PHARMACEUTICAL SECTOR
Get PDFWhile it is a trite statement that regulation and bureaucratic red-tape stifles industry functioning and innovation, it is equally trite that regulation of various sectors of the economy are quintessential and there cannot be lowered regulation or complete deregulation. One such sector is the pharmaceutical sector. The rationale for regulation within pharmaceutical sectors across the world is one of public interest- these sectors are regulated stringently to protect public health and access to medicines. India’s pharmaceutical industry has been hailed to be the “pharmacy of the world” due to the fact that it supplies numerous developing countries, and has a strong supply of generic medicines which are cost effective and increase access to medication in many of these countries. However numerous tragedies involving Indian pharmaceuticals have harmed the repute of the Indian pharmaceutical sector, both globally and domestically. If India is to truly become the “pharmacy of the world”, it will have to rebuild these burnt bridges. To this end, this paper proposes an agenda for a ‘trust-based’ regulatory regime adopted by the Indian pharmaceutical regulator. The paper will begin by outlining the theoretical justifications for regulation, highlight the importance of trust as a value in regulatory regimes, the failures of the Indian pharmaceutical sector, and highlight the prescriptions for a ‘trust-based’ regime
PARAMOUNT COLLECTIVE INTEREST: A SOLUTION TO CONSTITUTIONAL DILEMMAS
Get PDFIn a globalized area, new avenues have led to an upsurge in the claims of Human rights, formulating a battleground for causing clashes between the fundamental rights. The diversity of the Indian subcontinent is enumerated as a reason for the increasing tension between the fundamental rights enshrined in part III of the Constitution. The paper aims to provide a theoretical framework of the approaches of Common law and Indian Law in resolving the conflicts that may arise inter et intra fundamental rights. The paper firstly, discusses the common law approaches of resolving the conflicts between fundamental rights. Secondly, it discusses the viability of common law approaches in the Indian context emphasizing on the doctrine of Balancing of Rights. Lastly, it focuses on the development of a framework that is the principle of ‘Paramount Collective Interest’ which prioritizes public interest while upholding individual rights. Accordingly, it is argued that the principle of ‘Paramount Collective Interest’ is a successful strategy of the Indian judiciary for resolving constitutional dilemmas by following a principled approach that preserves the constitutional values enshrined in the legal framework
ACCESS TO GREEN JUSTICE: NEEDS OF THE HOUR
Get PDFA healthy environment is necessary for the full enjoyment of human life. Access to green justice is need for every one’s for good health, development, hygienic environment and sustainability of natural resource which are highly essential for present as well as future generations. This mother earth fulfils our basic needs, where we care for our intellectual, physical, social and economic establishment. Nobody from the outer space will to solve our problem and provide us green justice i.e. Protection, preservation and fulfil the basic needs. It is the duty of every human being to take care of our mother earth and think about the safety and progress of the present and future generations. In the national and international level every state holders makes such legislation for protection and preservation of environment. The nature of law is enforceable, which regulates the human acts, who have taken core responsible to protect the environment Human beings are the main resources of every state who utilized other Natural resources for his welfare and progress of the society without following precautionary measures and exploit the natural resources. These types of attitudes reflected on Environment which creates a major global problem. Public welfare Institutions takes such steps towards the protection of human health, welfare and social interest, which can be possible by a well surrounding. Time to time the judiciary gives such direction to the state to protect the plants, animals, birds and other elements of the environment which are highly essential for human existence. The Researchers try to approach in this article how the protection of environment is every one’s primary duty of this earth and also it is primary duty of the national and International state holders to takes such welfare majors prepare and planning to provide a hygienic and progressive environment for present and future Generation
THE 7S THEORY OF SUSTAINABLE CONSUMERISM IN FOOD SECTOR
Get PDFSustainability in resource consumption has become integral to business responsibility in our age. Minimum wastage, optimum utilisation, and economy in usage of resources through techniques such as recycling are some of the features of sustainable consumption. However, the concern towards sustainability in resource use has hitherto been only limited to business enterprises. Sustainability in consumerism is a novel concept that has many dimensions.Sustainability in consumerism entails economy in consumption, wastage minimisation, recycling, reuse, and responsible consumer behaviour. It has financial, social, health, economic and philosophical dimensions. Unsustainable consumerism in food sector can lead to widespread lifestyle diseases, inequity in food availability and nutrition, and environmental degradation. Defining sustainable consumerism and its components could be the first step towards inculcating a culture of sustainability among consumers at the global level. This paper is aimed at expounding a theory on sustainable consumerism in food sector known as ‘The 7S Theory on Sustainable Consumerism in food sector’. The theory explains the concept in terms of its seven basic components, namely, Sensible, Sensitive, Shared, Sufficiency, Spirituality, Salvage, and Savings. All these components of sustainable consumerism have been discussed in details with appropriate analogies, illustrations, and examples. An attempt has also been made to relate these components with the consumer rights regime and enforcement mechanism under the Consumer Protection Act, 2020. For instance, consumers in food sector have a right to be informed about the nutritional content or ingredients of food they consume. This comes under ‘Sensible’ dimension, which deals with the qualitative aspects of consumption. ‘Sensitive’ entails concern for animals and their habitats. ‘Shared’ deals with equity in food availability and distribution. ‘Sufficiency’ involves the quantitative aspects of food consumption. ‘Spirituality’ takes consumerism beyond strictly material calculus. ‘Salvage’ involves minimising food wastage. ‘Savings’ involve economy in consumption. Recommendations have been made to further deepen consumer rights regime and strengthen consumer protection laws in India, consistent with the essence of the theory. Suggestions have been made to popularise the idea of sustainable consumerism among the general public
HUMAN DEVELOPMENT AND ENVIRONMENT- ARE WE COMPROMISING ENVIRONMENTAL PROTECTION OVER THE ECONOMIC BENEFIT
Get PDFMarking 50 years of the landmark Stockholm Declaration, numerous changes and developments took place in the environment. The conference marked a new era in global cooperation for the environment. The Stockholm Declaration established effective environmental strategies for sustainable development and gained recognition for the evolution of domestic environmental policy toward an eco-centric approach to environmental protection. Predominantly, all the conferences have prioritized sustainable development, envisaging the need for the future. Human development has gained enormous benefits through large-scale industrial-driven economic processes but imminently resulted in environmental depletion. To strike a balance between an understanding of the necessity of development without compromising environmental depletion underlies the principle of environmental protection. The Rio Declaration was introduced in 1992 to commemorate the 20th anniversary of the Stockholm Declaration, which strengthens the idea of how various socio-economic and environmental developments are inextricably linked. The precautionary principle approach which is principle 15 of the Rio Declaration of 1992 prominently highlights the importance of exercising caution, pausing, and reviewing potentially disastrous innovations. To harmonize economic development vis-a-vis environmental protection, ‘‘Environmental Impact Assessment” was brought into the picture. India in this reference brought in the EIA notification of 2020 which sought to replace the EIA 2006. The author critically analyses the EIA on whether EIA rules have compromised environmental harm over economic benefits. EIA notification of 2006 had to go through various revisions spite of this fact the deficiencies in the EIA 2006 were unresolved and were incorporated in the EIA notification of 2020. In this article, researchers will focus on the effectiveness of good environmental governance and transparency in decisions affecting the environment. This paper will also discuss the importance of various conventions in the recent past that evolved over the primary principles of the Rio and Stockholm declaration in the modern globalized world
BALANCING THE SCALES OF GOVERNANCE: MAN VS STRAYS
Get PDFA government is not just some democratic body selected by the people to take major decisions and frame laws on their behalf. Looking after each big and small issue which concerns the public is what forms the core of "good governance. An issue which at the start looked too minor to be concerned about but has spread across the country under the bliss of ignorance is the “havoc of street dogs.” Even now when we start to talk about this issue its gravity wouldn’t be understood unless we analyze the subject matter in detail. In this paper, the Authors have made an attempt to address the issue of the huge population of stray dogs and how they are affecting the livelihood of the people. The most known and prevalent side of this menace is the disease of ‘rabies’ which is caused due to dog bites and has a mortality rate of nearly 100% because of the reason that they are not being properly regulated by the authorities concerned even though laws and policies are in place for the same. Also, highlighted are the cases and reports associated with the problem of stray dog attacks and measures taken by the State and Central governments for addressing the same. Additionally, scrutinized the issue from the perspective of victims and dog lovers by reflecting a balanced view. Furthermore, is the role of judicial activism in this sufficient to address the grievances associated with it. It also serves as an analysis of how this issue is being dealt with and how properly are the policies and guidelines being implemented in India and how other countries are serving the same purpose without affecting the people