NUJS Journals West Bengal National University of Juridical Sciences
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THE CONTROVERSY OF JUDICIAL TRANSFERS: ADMINISTRATIVE OR DISCIPLINARY?
Get PDFOut of the three organs of the government, the Judiciary is perhaps the most accessible and reachable institution that the vast majority of the country turns to almost every day. As the Guardian of the Constitution and the Upholder of Fundamental Rights, the faith of the people must be maintained in the Justice System. This faith is derived from transparency. One of the facets of maintaining transparency in our Justice System is the functioning of Judicial Transfers, especially Judges of the Higher Judiciary. While we do have a well-established system for transfers and appointments in the Indian Judicial System- the Collegium System- which is a careful balance of the authority of the Executive and Judiciary, this system is not without its flaws. Perhaps the most significant flaw in this system derives from its structure and procedures, and the potential of vested interests of a few to override the interests of the nation at large. The want for an open system is not a new one. The majority rightfully believes that more air in the system will cure many of the issues that are currently rotting in the system. The controversy of Judicial Transfers is not new; this issue goes back to the previous century, to the peak of the power struggle between the Parliament and the Judiciary in the 1970s. However, as our nation has progressed, so have our institutions and the demand for more transparency. This article aims to analyse the harmony between the system of checks and balance with respect to the design of judicial transfers in India, examine the controversy surrounding it, and attempt to provide a way forward
DISABILITY AND EDUCATION: A NEW HORIZON TOWARDS JUSTICE
Get PDFDisability is an impairment which can be physical, mental, cognitive, sensory, intellectual ordevelopmental. According to the census report of 2011, 2.21% of the population of India aredisabled with 2% of those between the age of 20 and 29 are disabled, which goes on to saythat there must be a considerable number of youth that are disabled. They may have one ormore impairments, but in most cases these individuals still have the capability to develop askill. Barring a few cases (where the disability is so grave that the individual cannot learn ordevelop any skill at all), the disabled have the capacity of supporting themselves andcontributing to the economy. It is important to note that governmental measures and policiesplay a major role in terms of facilitating proper infrastructure and trained professionals inorder to equip the differently abled to sustain themselves and contribute to the economy. Inlight of this, the authors of this paper would like to analyse the various policy measures suchas the constitutional safeguards, the National Policy on Education, 1986, the Government‟sscheme of Integrated Education of Disabled Children, 1974, Rights of Persons withDisabilities Act, 2016, Rehabilitation Council of India Act, 1992 among others, that havebeen adopted to facilitate directly or indirectly, the education of the disabled. The authorswould also like to highlight the extent to which these measures have been successful inimplementing inclusive education with regard to the disabled. This paper includes ananalysis of the feasibility of adopting the „capability approach‟ of Amartya Sen and to whatextent its incorporation may prove beneficial in this sphere. Thus, this paper‟s objective is tohighlight the relevance of law and policy in education of the disabled
SIMPLIFYING THE ENFORCING OF RIGHT TO PUBLIC SERVICES: REDUCING CONTROL AND UPGRADING STANDARDS
Get PDFThis paper, titled ‘Simplifying the Enforcing of Right to Public Services: Reducing Control and UpgradingStandards’ is themed on improvising the entire channel of public service delivery – from the point of receiving ofdemand for service to its conclusion, when the customer is satiated with the service so rendered.The paper, streamlining this entire process into three simple stages of pre-delivery, midst of delivery and postdelivery and overall general principles of observance, suggests a mix of international good practices borrowedfrom nations like the UK, Canada, New Zealand and Scotland that can assist in this intended improvisation.Automation to the maximum extent thereby reducing probable bureaucratic manhandling and resorting to lessfaultand quicker processing techniques remains the core strategy of attaining the objective of better public servicedelivery.Integrating empirical research that involves the interviewing of a senior official of the Government of India whooffers insight into governmental action that makes public services more accessible and systematically lining up thepractices through each stage to ease-out the entire delivery process, the paper equates this intention to a socialinvestment which is characteristic of a duty-bound State and its ability to cater to the demands of its citizenr
DEEMED GOVERNMENT COMPANIES – ARE THEY AMENABLE TO RIGHT TO INFORMATION ACT, 2005?
Get PDFWhile the applicability of the RTI Act, 2005, an empowering legislation enabling the common people to access information held by the government authorities, largely depends on the touchstone of interpretation of the expression ‘ public authority’ and in most of the times deemed government companies have a narrow escape. Though such deemed government companies had survived the crucial transformation from the Companies Act, 1956 to the Companies Act, 2013, information locked under them still enjoy the warmth of protective hand of their in-house counsels and advising law firms in keeping safe distance from the RTI applications. Such pretexts range from ‘not substantially financed by the Government’ to ‘no control in day-to-day management by the Government’ en route ‘Government is only an investor/share holder’. Thus, deemed government companies, a legal creature begotten by the erstwhile section 619B of the Companies Act, 1956 remained an eternal fugitive even after a decade of enforcement of the RTI Act. Significantly, as per a CAG Audit Report, as on March 2014, equity participation by the central and state government entities in a total of 144 deemed government companies in India is more than Rs. 16,000 Crore. This paper dwells deep into the formative significance of the deemed government companies vis-a-vis the efficacy of the RTI Act, 2005, particularly from the eligibility aspect of ‘ public authority’ as defined under section 2(h) of the RTI Act, 2005. Certain judicial pronouncements have been analysed in order to reach up to the very root of the issue. Ultimately, the author has suggested some sharp features for the decade-old protagonist so that its reach to the corporate ventures of the government does no more remain a futility
LEGAL REGULATION OF DIGITISING AND OUTSOURCING MEDICAL RECORDS DEPARTMENT IN INDIA
Get PDFThe whole deal with digitizing and outsourcing medical records in India is complicated. You've got a bunch of laws, guidelines, and ethical considerations all playing a role in ensuring data privacy, security, and patient confidentiality are on point. As the healthcare sector embraces digital solutions more and more, moving from old-fashioned paper records to electronic health records (EHRs) has become a big part of managing healthcare.
The Information Technology (IT) Act of 2000, along with its updates, lays the groundwork for all the legal stuff surrounding electronic data and how it's kept secure. Then there's the Personal Data Protection Bill of 2019, which hasn't been passed yet but has some pretty comprehensive measures in place to protect personal data, including health info. On top of all that, the Ministry of Health and Family Welfare (MoHFW) has introduced the National Digital Health Mission (NDHM). This aims to create a national digital health system and puts a lot of emphasis on making sure data privacy and security are top-notch. When it comes to outsourcing the management of medical records to outside parties, there's a need to stick to legal standards and international best practices, like the ones laid out by the Health Insurance Portability and Accountability Act (HIPAA) in the United States. Healthcare providers need to make sure that the folks they outsource to are following confidentiality agreements and data protection protocols. It's all about reducing the risks of data breaches and unauthorized access. The legal framework also requires regular audits, safe data storage solutions, and using fancy encryption technology. To wrap it up, digitizing and outsourcing medical records in India is all about blending existing IT laws, upcoming data protection rules, and specific guidelines for the healthcare industry. The goal is to keep patient data safe while making healthcare more efficient. As the world of digital health data keeps changing, ongoing legal reforms and clear regulatory standards will be important to keep everything in check
SOCIAL SECURITY OF CASUAL WORKERS IN INDIAN RAILWAYS: WHETHER NATIONAL PENSION SCHEME IS THE WAY FORWARD?
Get PDFIndian Railways introduced the Defined Contribution Pension Scheme- National PensionScheme and mandatorily applied the scheme for its regular employees from the year 2004.But the gigantic structure of Indian Railways requires employment of casual workers whowork in different capacities and departments of the Railways for a fixed period of time and onconsolidated pay. They are employed through contractors and are not entitled to any kind ofsocial security benefits unlike the regular employees of the Indian Railways. With about fourlakh contractual workers, involved and working at different tiers, Indian Railways is thelargest employer of such kind in the nation. This paper will analyse whether the NationalPension Scheme, as a generic pension scheme, can be extended to the contractual workers orcasual labourers working for the Indian Railways. In the first part of the paper, theemployment scenario in Indian Railways is assessed as to the nature of appointment and thenin the subsequent part the nature of benefits ensuring social security enjoyed by the regularemployees in comparison to the casual/contractual employees is elaborated upon. Thefeatures of the National Pension Scheme is laid down to understand the generic features ofthe social security attribute which can be made available to the casual/ contractualemployees in an already complex mechanism. The paper concludes by suggesting ways ofimplementation of the National Pension Scheme by the Indian Railways without a burden onthe coffers of the employers and making the process transparent with least interference of thecontractor
IMPACT OF SOCIAL SECURITY ON ECONOMIC GROWTH IN INDIA
Get PDFEconomic growth and development of a society is deeply influenced by its social security. Theharmonious co-existence and tranquillity in governance is one of the most importantprerequisites for the growth and development of a nation, which can be attained by way ofsocial security. It is unfortunate to observe that the social security of farmers in India, whoseeconomic status is undeniably bound to affect economic growth of the country, has beengrossly undermined hitherto. A similar condition prevails in other unorganised sectors ofwork too. The present budgetary provisions and the positive approach of the government,though, have given some hope and respite ensuring their social security and thereby securingthe economic growth of the country. An economically vulnerable individual can never be anasset for himself or for his nation. Access to basic amenities via social security makes itpromising for an individual to contribute towards the economy of the nation. Factors such aspoverty, recession, crop failure, unemployment, poor medical facilities and post-retirementinsecurity are some of the most challenging issues required to be properly redressed today. Asupport system can be built up efficiently by introducing social security in various realms oflife. The framers of the Indian Constitution too envisaged economic development of thenation and social security as intertwined and made constitutional provisions in the form ofDirective Principles of State Policy, such as those under Articles 41 and 42. The preambleitself speaks for economic justice and equality of status and opportunity. It is for this reasonthat social security is a subject-matter under the Concurrent List so that both Central andState Governments can make laws for its proper implementation. Various legislations havealso been enacted in this regard. A social security administration along with a change inmind-set at all levels will ensure that the benefits actually reach the person entitled for thesame. This research study is an attempt to analyse the impact of social security measures onthe economic growth of the nation. It analyses the challenges that are faced due to thepresent system of social security in India and a possible solution to overcome thesechallenges
NOVEL CORONAVIRUS DISEASE (COVID-19): PANDEMIC SITUATION IN BANGLADESH
Get PDFThe study was carried out from 8 March to 19 June 2020 to observe the status of Bangladesh towards rampant COVID-19. The aim of this study was compared the present situation of active cases, death and recovery of people against COVID-19 of Bangladesh and different geological located countries like the United States, Canada, Mexico, Italy, Spain, France, Germany, United Kingdom, Russia, India, Pakistan, South Korea, Turkey, Saudi Arabia, Qatar and Bangladesh in the world. The data of this research was collected from the Institute of Epidemiology, Disease Control and Research (IEDCR), Directorate General of Health Services (DGHS), Ministry of Health and Family Welfare (MoHFW), different newspapers and online news portals. Up to 19 June, total tests, infection, recovered and died were 550567, 100703, 26005 and 1355 in Bangladesh. The positive correlation found between infestation with recovered and death by people 2020 (R2= 0.4804 and 0.3159; 0.7242 and 0.4902; 0.4432 and 0.3449, p<0.05) in April to June. The total infestation, recovery, and death were less than the selective countries of the world. Daily mortality percentage rate was less than 1% where the month-wise mortality rate was 12.24488, 2.0678, 1.3073, and 1.2658 % in March, April, May, and 19 June 2020; respectively in Bangladesh. The morality rate of Bangladesh was lower than the other selective countries of different geological locations. Month wise recovered rate was 51.0204, 1.6834, 21.3574, and 31.5782 % in March, April, May, and 19 June 2020; respectively in Bangladesh. We should have a good practice of protective awareness, and the government should take originating the training and supervision of rural and town trainees for minimizing COVID-19 infestation in Bangladesh
RTPS LEGISLATION AS UBIQUITOUS REGULATION: AN EXAMINATION OF REGULATORY TECHNIQUE AND OUTCOMES
Get PDFI examine Right to Public Services (RTPS) legislation as a regulatory technique to achieve certain policyoutcomes in the provision of public services. Noting that the state enjoys a monopoly over the provision ofmost public services notified under RTPS laws in India, I contrast the Indian regulatory trend with theEuropean practice of subjecting public services to market competition. The RTPS approach appears toclosely resemble that of ubiquitous regulation, as espoused by Shleifer, as a substitute to judicial or marketbased enforcement. In the interest of evidence-based policy reform, I suggest criteria for the accurateevaluation of the impact of RTPS laws in India. I also recommend the simultaneous conduct of a feasibilitystudy to evaluate whether the regulatory method of market competition can easily be transplanted within theIndian context, to supplement and complement the existing approach of ubiquitous regulation
CHALLENGES OF REGULATORY FRAMEWORK ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
Get PDFIllegal trade of endangered species is a transnational crime that largely contributes to the over-exploitation of certain species. The capitalist view of wildlife as mere articles of profit has encouraged trade in endangered species, with little regard to environmental consequences. To address this and prevent further escalation of the gravity of the issue, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was drafted in 1963. CITES is an international framework that seeks to regulate and provide a sustainable system for international trade in more than 36,000 species of flora and fauna. One of its main objectives is to control the import, export and introduction of species, within this convention, to other countries, through the administration of a licensing system. This paper will delve into the history of the formulation and implementation of CITES. It will further discuss certain Articles of the convention. These Articles will be critically analysed in terms of application and effectiveness. This paper aims to establish the various challenges that are faced in implementation of what the convention seeks to rectify. The paper will further establish how the provisions of the convention are incapable of dealing with contemporary issues and how the document is prone to ambiguous interpretation owing to ill-defined phrases.. Some of the main problems are the high costs involved, rigid mechanism present, and obsolete in certain areas. The paper will outline possible solutions to strengthen the existing legal framework in a way that is more relevant to the present times, so as to reach the goals that the CITES set out to achieve