NUJS Journals West Bengal National University of Juridical Sciences
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ON NOAH’S ARK: BUILDING ARGUMENTS FOR CLIMATE MIGRANTS
Get PDFThe principle of state sovereignty occupies a ubiquitous position in public international law, and climate change is a problem that is adversely affecting the entire planet. Thus, the connection between state sovereignty and climate change is not difficult to perceive. But this apparent congenial relationship breaks down in the context of climate migration, and we encounter an essential question – how far can state sovereignty be considered an appropriate frame in the context of negotiating the status of climate migrants? Scholars are already reasoning that the severity of climate change necessitates re-looking at the antediluvian state principle under international law. Alternatively, it can also be argued that climate change provides a marvelous opportunity for states to redefine their bargaining assumptions on global negotiating platforms. One of the major problems is finding a comprehensive definition for people displaced by climate change-related events. Thus far, for ‘refugees,’ the only workable definition comes from the 1951 Refugee Convention that fails to recognize climate change as a factor. Subsequent developments have also not guided offering overlapping and alternative suggestions. The limitation stems from definitional challenges and the ever-present cause-and- effect dichotomy. But what stops states from adopting a more comprehensive approach transcends far beyond these operational challenges. In this article, we posit that the obstacle is primarily related to the conflict of state interests, and it is, thereby, possible to review the status of climate migrants under the emerging consensus supporting the dilution of the principle of state sovereignty
SAFEGUARDING JUVENILE RIGHTS: EVALUATING BANGLADESH’S JOURNEY TOWARDS JUSTICE FOR STREET CHILDREN IN DHAKA CITY AREA
Get PDFEnsuring the protection of child rights and support towards improving their life and safeguarding them from abusive treatment affirmed means protecting children in a welfare society. Legal safeguards are a crucial aspect of modern society for ensuring the welfare and protection of children`s rights. This paper examines the progress made by Bangladesh in safeguarding children’s rights in conflict with the law, with a specific focus on the juvenile justice system (JJS) and particularly analysing the existing legal framework nationally and globally. Based on a consolidated Qualitative Data Analysis (QDA) approach of Thematic Analysis (TA) and case-built Content Analysis (CA) of secondary sources, the study attempted to explore the paradigms of the existing legal framework for juvenile justice, Bangladesh’s progress in implementation of CRC, and stakeholder’s role when found juveniles in conflict with the laws in parallel. This research efforts to place logical arguments that there is a need for a comprehensive reform of the juvenile justice system (JJS) in Bangladesh. It emphasises ensuring justice for juveniles and safeguarding their rights when in conflict with the law because of the coordination and harmonisation gaps among the stakeholders. Finally, by proposing a model of balanced coordination among stakeholders, the study concluded that an innovative, well-equipped e-technological adaptation could bring an effective JJS, and that would urgently need to be introduced to safeguard children’s rights aligned with the SDGs in Bangladesh
UNVEILING THE WEIGHT OF VETO POWER: EXPLORING THE LEGAL DOMAIN OF THE UNSC AMIDST WAR
Get PDFThis research article explores the complex legal aspects that characterize the role of the United Nations Security Council (UNSC) during times of war. The UN, is also known as the "Sentinel of Justice," and the Security Council is UN’s body to issue binding mandates on its member states but faces difficult obstacles in preserving peace, defending human rights, and enforcing international law as conflicts continue and change on a global scale. This article investigates the legal bases that underpin UNSC’s involvement in armed conflicts by analyzing the UN Charter, Security Council resolutions, and international legal frameworks. It examines the organization's involvement in maintaining peace, averting conflicts, and upholding international humanitarian law. The practical applicability of these legal elements in various conflict scenarios is elucidated through the utilization of case studies and historical views. The goal of the article is to present a comprehensive overview of the legal modes and modalities adopted to resolve conflicts and end war by the UNSC. UNSC aims to promote international peace and justice, and this article seeks to give readers a grasp of the legal complexities of the UNSC's interventions during wartime. It also provides insights into the organization's accomplishments, constraints, and future opportunities for legal innovation
ARTIFICIAL INTELLIGENCE AND CRIMINAL JUSTICE SYSTEM IN INDIA
Get PDFThe integration of Artificial Intelligence (AI) into the criminal justice system in India represents a significant paradigm shift with far-reaching implications. This article explores the multifaceted intersection of AI and the criminal justice system in the Indian context, investigating the potential benefits and challenges associated with the deployment of AI technologies. The article begins by providing an overview of the key areas where AI applications can enhance efficiency, accuracy, and fairness and identifies current state of the criminal justice system in India. It delves into the utilization of AI in crime prevention, investigation, and adjudication processes, highlighting the promising outcomes and improvements witnessed in these domains. With every progressing day Artificial Intelligence (AI) is getting a grip in every sphere of our daily life. In such an environment, Criminal Justice System, which is an ever-expanding domain trying to cater to the contemporary need of the society to make it a safer place to live, it tries to adopt every possible method and technique to accomplish this objective. AI too has been adopted in the functioning of the criminal justice system to adopt more scientific and sophisticated approach to crime prevention and crime detection. Artificial intelligence (AI) has been making waves across various industries worldwide, and the criminal justice system is no exception. In this article, we'll explore the role of AI in the criminal justice system in India and the benefits it can bring. Drawing on best practices, the article offers insights into the various models of AI integration in criminal justice systems globally, considering their applicability within the Indian socio-legal framework. It concludes by highlighting the importance of an ongoing dialogue between technologists, legal experts, and policymakers to strike a balance between harnessing the transformative potential of AI and safeguarding fundamental rights within the Indian criminal justice context
BEYOND CAPACITY-BUILDING: “DOWNSTREAMING” SPACE TECHNOLOGIES THROUGH NEW SPACE COLLABORATIONS
Get PDFGiven the fact that not all nations possess capability for independent space activities, there exists a need for international cooperation for equitable access to space technologies. Developing countries, rather than competing with established space-faring nations, should capitalise on collaborative opportunities provided by open-access space technologies to foster socio-economic development. Capacity-building, defined as the enhancement of skills and resources necessary for adaptation and growth, is critical for achieving sustainable development goals. The 1967 Outer Space Treaty mandates cooperation and assistance to less-developed nations, framing capacity-building as a legal obligation for space-capable states. Initiatives such as UNOOSA’s Access to Space Initiative and various UN General Assembly resolutions advocate for democratizing space access, thereby facilitating capacity-building and institutional strengthening. However, developing countries face continuing challenges in strategically deploying these technologies to realise long-term benefits. This paper therefore argues for a paradigm shift towards a collaborative capacity-building model that transcends development assistance, emphasising sustainable implementation and integration of space technologies across various sectors to drive innovation and growth
REGULATING THE DIGITAL SPHERE: A COMPARATIVE ANALYSIS OF SOCIAL MEDIA GOVERNANCE
Get PDFIndia has experienced the potential of social media platforms and witnessed the far-reaching consequences which these platforms may pose. With the recent rise of social media platforms such as Facebook, Instagram, YouTube, Twitter, and other popular websites, the legal control of social media has become a major concern. This paper discussed the governing legislation and regulatory agencies in India and did a critical study of their efficacy in addressing social media-related issues. It analyses critically the regulatory policies concerning social media of various jurisdictions including United States, United Kingdom and European Union inter-alia followed by deductive analysis for the Indian scenario. In the end of the paper recommendations are provided for enhancing the efficiency of the present legal & policy process in order to achieve the desired goals in the evolving Indian society
TRADITIONAL PERFORMING ART: A ‘VANISHING POINT OF JURISPRUDENCE’ VIS-À-VIS GEOGRAPHICAL INDICATIONS
Get PDFIn the given legal regime vis-à-vis geographical indications (hereafter GI) under the Geographical Indications of Goods (Registration and Protection) Act, 1999, followed by the Geographical Indications of Goods (Registration and Protection) Rules, 2002, services are not subjected to the given GI regime while there is potential space to cover the same with legal reasoning and with reference to performing arts and practices under the umbrella of traditional cultural expression (TCE); so maintained and developed primarily by the tribal population in India since time immemorial. With reference to intellectual property (hereafter IP) governance, the author hereby explores the IP jurisprudence and thereby strives to advance arguendo- with reasoning- that ideation vis-à-vis geographical indications need not necessarily relate to goods alone and may at ease get extended to services; if the same serves public good. Here there is vacuum- if not void- in the GI regime; something similar to what went narrated as ‘vanishing point of Jurisprudence’, to quote Holland, since the regime remains silent while traditional performing arts and other practices are subjected to commercialization without consent of the community anyway; with ‘Poverty of Philosophy’ (Marx, 1847) to get coverage of the GI regime extended to traditional cultural expressions. The author concludes that the GI regime needs restatement to safeguard intangible cultural heritage of ‘the wonder that was India’ (by courtesy, Basham, 1954); thereby ascertain conservation of the civilizational tributaries sustained by original population of the soil. Thus, TCE ought to get construed as cultural heritage and, as policy choice, resort to the GI way appears a need of the hour toward mutual convenience of regional traditional art practitioners and the audience entertained by the performance. A mutual balance of interests for both sides ought to get traditional performing art (TPA) fortified by default
CUSTOMARY MARRIAGE IN KHASI TRIBE: DECONSTRUCTION OF THE DISSOLUTION
Get PDFThe highlight of ‘custom’ as a source of law has been adopted and enacted through the sixth schedule of the Indian constitution in the state of Meghalaya. Also, referred to as the mini constitution, the sixth schedule allows the establishment of ‘Autonomous District Councils’ (ADC) to identify the customary practices and assimilate the cultural traditions into the mainstream laws of the country. The ancient customary practice of marriage wherein the groom resides in the bride’s house is unique and unlike the patriarchal system. The rich custom of Khasi marriages and dissolution of marriages are uncodified and have been passed orally from one generation to the other. The power to identify and preserve such custom has been bestowed on the ADC’s of Meghalaya. The concern arises when the rights of women remain vulnerable and the only codified law available to preserve Khasi women’s rights is the “Khasi social custom of lineage act, 1997” which highlights whether the offspring will be recognised as a Khasi or a non-Khasi. The silent unrecognized custom of cohabitation is rampant which the state discourages by enacting the ‘compulsory registration of marriage act 2012’. Maintenance as a right is non-existent leading to the rise of single mothers. The latest NFHS data states that 7% of children have their firstborn child by 15-18 years and polygyny is higher compared to the other states
INCLUSION OF PERSONS WITH DISABILITIES: A LONG-AWAITED JOURNEY!
Get PDFThis 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 isdespite the fact that in the last two decades of the twentieth century, UNO sponsored multipleinitiatives for the empowerment and inclusion of disabilities in the mainstream society thatfinally culminated in the United Nations Conventions for Rights of Persons with Disabilities(2006). Although disability rights movements that emerged in the late twentieth century withinthe broader disability discourse have taken a new shape, many issues especially those at theintersection of disability and education remain unaddressed. In this global scenario, theperpetuation of overt and systemic discrimination against persons with disabilities by institutionsin the state of West Bengal is a result of lack of empathy and understanding. In this paper, weexamine different aspects of inclusivity and the current state of ‘mainstreaming efforts’ in WestBengal 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 theoreticalassumptions regarding persons with disabilities, in the context of West Bengal. Finally, we alsopresent a few case studies, which were recorded during our field-study, to humanise thecondition of persons with disabilities in West Bengal. Overall, this article tries to highlight thedaily experiences of disabled persons in the state
CLIMATE CHANGE MANAGEMENT AND ITS IMPACT ON POLICY- CONSTITUTIONAL PERSPECTIVES OF CLIMATE CHANGES
Get PDFClimate change is referred as major ecological problem in the current scenario. With the booming effect of urbanization using modern technologies it affects the ecological balance between the earth and the atmosphere. As we know all the levels of earth atmosphere are connected through chains so if the chain got disrupted then it will lead to serious threat towards the environment. Now a reader can ask how come the urbanization affects the ecological balance? The answer is quite simple as we are using newly invented machines in our day to day life, various industries has been established by deforesting the land we never thought that by cutting down plants we’re creating graveyard of our own lives. As Jagdish Chandra Bose said that “All around us, the plants are communicating. We just don't notice it.” It’s clearly depicts that human beings are running towards technology but they also should maintain proper ecological balance by planting trees. As a result of soil erosion and deforestation it causes serious threat towards the atmosphere. Moreover emission of carbon and soot from industrial sectors is increasing day by day which led to cause disruption in the atmosphere and pollution level become high. So in order to curb the demand for climate change management is of utmost necessary. Apart from certain constitutional remedies will be provided in order to protect environment & climate changes