NUJS Journals West Bengal National University of Juridical Sciences
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RATIONALISING THE LAW AND PRACTICE RELATING TO PORTS IN INDIA-THE SAGARMALA PROGRAMME AND MAJOR PORTS AUTHORITIES ACT, 2021
Get PDFIf a country has a robust system of modern multimodal ports, its participation in international trade will be enhanced leading to progress in establishment of manufacturing hubs in the country, growth in domestic trade and enhancement of innovation in the country. Nearly 70 percent of the world trade is moved through maritime transport. India moves around 95 percent of her trade by volume and 68 percent by value through maritime transport. Multifarious connectivity, the urban planning around the port, adequate storage facilities, rail-road transportation aids and skilled labour force are necessary prerequisites for an efficient and developed port in a coastal area. Apart from the economic value, ports are very significant for defence preparedness too. Conventionally, Indian Ports Act, 1908, Coasting Vessels Act, 1838, Seamen’s Provident Fund Act, 1966, Dock Workers (Regulation of Employment) Act, 1948 and Multimodal Transportation of Goods Act, 1993 are the prominent legislations regulating the ports and shipping system in India. Now with the new developments such as Sagarmala Programme and The Major Ports Authorities Act, 2021, a new epoch of awarding autonomy and more flexibility to ports has commenced. Under Sagarmala Programme, the Ministry of Ports, Shipping and Waterways has undertaken to complete 802 projects by 2035 involving Rs. 5.52 lakh crore investment. The Major Ports Authorities Act, 2021 would help to transform the Major Ports from 'service model' to 'landlord model'. It will enable ports to freely decide upon tariffs and port asset management. In this context, this research paper endeavors to analyze the scope of these latest regulatory and policy developments in maritime transport and their impact upon the future of ports. A brief discussion on relevant conventional law will enable the readers to assess the performance gaps of existing legislations and dwell upon the required reform agenda for overhauling ports in India
The Constructions of Familial Ideology, Patriarchy and Capitalism in Market
Get PDFWomen's participation in the employment sector is determined by various factors. The gender gap in the employmentsector is one of the major concerns rising from the private nature of women's care labour. This paper explores the various constructions of familial ideologies, interactions between capitalism and patriarchy which influences women'ssecondary position in the wage labour market. The paper also identifies how the definition work is inherently masculine and it controls the feminine space within the wage labour market. The author constructs a theoretical understanding of the productive labour and non- productive “care” labour of women within the domestic sphere. The final aim of the paper is to highlight the factors of women's poverty issues and suggest ways by which these issues can be addressed to
CHALLENGES OF SPACE SECURITY GOVERNANCE
Get PDFThe outer space has become a highly contested domain, with increasing geopolitical tensions and competition among major space powers. Space security has gained prominence as more countries shift their space programs from peaceful applications to military and defence-oriented agendas. The 2007 Chinese anti-satellite (ASAT) test broke a long-standing norm, prompting other nations, including India, to develop similar capabilities, escalating the militarisation of space. Alongside ASAT, cyber and electronic warfare tactics pose new threats. Global governance has struggled to keep pace, with fragmented efforts to establish new space rules, hindered by great power rivalries and differing approaches to space security. Existing treaties, like the Outer Space Treaty, are outdated, focusing on nuclear weapons while failing to address contemporary non-nuclear threats. This article hypothesises that as more state and non-state actors enter the space arena, developing consensus on new governance frameworks remains challenging, with smaller technical agreements offering a potential way forward
REGULATORY FRAMEWORKS FOR ARTIFICIAL INTELLIGENCE IN LAW: ENSURING ACCOUNTABILITY AND FAIRNESS
Get PDFIn recent years, the integration of artificial intelligence (AI) in the legal sector has transformed the way legal services are delivered, enhancing efficiency, accuracy, and accessibility. However, the rapid advancement of AI technology in law also raises significant concerns regarding accountability and fairness. This article explores the regulatory frameworks aimed at addressing these concerns and ensuring that AI systems in the legal domain operate ethically and responsibly. Beginning with an introduction to the role of AI in law and its implications, the article navigates through the complex landscape of AI regulation, highlighting global perspectives, key regulatory bodies, and existing laws relevant to AI in legal practice. It then delves into the principles and mechanisms essential for ensuring accountability in AI systems, including transparency, explainability, and data governance. Furthermore, the article investigates strategies for achieving fairness in AI-powered legal systems, addressing issues such as bias, discrimination, and the need for fairness metrics and evaluation methods. It explores governance mechanisms necessary for effective regulation, emphasizing stakeholder engagement, compliance, and enforcement strategies. Drawing insights from case studies and best practices, the article offers valuable lessons and recommendations for policymakers, practitioners, and stakeholders involved in shaping the future of AI regulation in the legal sector. In conclusion, it underscores the importance of continuous evaluation and adaptation to keep pace with the evolving landscape of AI technology and its impact on the legal profession
REGULATION OF CROSS-BORDER DATA FLOW AND ITS PRIVACY IN THE DIGITAL ERA
Get PDFWe are living in a world where information systems are becoming a new weapon to control the future. When the data flows across national borders, it becomes an invaluable resource for economic and informational development in any nation. Today, cross-border data flows are an important component of international trade because companies are frequently transfer customer’s and employee’s data across different countries. This paper will examine the importance of the free flow of cross-border data and its privacy concerns. It also examines the failure of the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, to provide protection from cross-border data transfer; specifically, the Digital Personal Data Protection Act, 2023, is silent on the criteria of listing countries for data transfer and the processing of personal data of those data principals who are living outside India. Some countries have implemented laws pertaining to “data localization” as a means to restrict the movement of data outside their respective borders, but it affects international trade and development. So, it raises a question: What kind of and how much data do nations have to restrict for cross-border data transfer internationally? This paper analyse the General Data Protection Regulation of the European Union, the Cross-Border Privacy Rules of the Asia-Pacific Economic Cooperation of the United States, and the Privacy Shield Framework between the EU and the US. In the end this paper concludes with suggestions for the privacy of cross-border data and the need of uniform law for its worldwide applicability
ADAPTING SOCIAL SECURITY TO 21 ST CENTURY INDIAN ECONOMY: A CASE FOR UNIVERSALISATION
Get PDFProliferation of social security has been one of the integral features of the modern industrialised world. In India too, social security has not only been enshrined as a constitutional mandate, but has also been embodied in a wide variety of legislation. Yet,multiplicity of legislation has created errors of harmonisation and engendered a regime riddled with variance in legal standards and rights of workers. Along with these inconsistencies and gaps, the centrality of the status of employment in extant regimes hasexcluded a large number of workers who fall through the crack. Such exclusion has been exacerbated by the occupation-centricity of these schemes that is ill-suited to the ongoing transformation in the labour economy and demographic changes. In view of these shortcomings, a shift to universal citizenship-based social security schemes is advocated. Delinking social security from occupation and predicating it on citizenship would extend these schemes to informal atypical workers and persons out of work and thereby make the constitutional right of social security a substantive entitlement for our citizenry
MATERNITY BENEFIT ACT AND THE PRIVATE SECTOR: IMPLEMENTATION ISSUES
Get PDFThe most relevant and the fundamental purpose of the implementation of the provisionsrelated to maternity leave is to cherish and preserve the self-respect of women who areconceiving. Due to the onset of globalisation and increasing awareness and the education ofthe womenfolk, there has been a rapid surge in the number of women employees in thegovernment and private sectors alike. Thus, it becomes very necessary to implement laws andgrant maternity leave to the women employees. This is the primary objective of the MaternityBenefit Act, 1961, in the Indian context. The Act prominently enunciates the variousprovisions with regard to the benefits given to the women employees during maternity leave.The Act forbids the employer from knowingly engaging a woman at the workplace six weeksafter her delivery or miscarriage. Now the Labour Ministry is expected to mandate thematernity leave of 26 weeks in the government sector as well as in the private sector.However, still, many women employed in the private sector are at the suffering end due todiscrepancies in the implementation of the maternity benefits. There is evidence that on quitea few occasions the management removes the women employees by retrenchment even beforethey apply for maternity benefit. This paper addresses the issues in reference to the women inthe private sector. It tries to carve out a concise solution for a better implementation ofmaternity benefits in the private sector. To understand the argument of this paper from anobjective standpoint, some of the International Conventions on maternity benefits have beenreferred to
CHALLENGES OF REHABILITATION OF SPECIAL CHILDREN IN INDIA: THE LAW, POLICY AND PRACTICE
Get PDFA Special Child is the one who differs so much from his peer group in respect of physical, mental orsocial characteristics that he is unable to develop his full potential under normal conditions in theordinary class, and for whom some special attention is required for his rehabilitation in the form ofinclusive education in the school by the specially trained teachers. It is found that the progress inrehabilitation of Special Children is limited by a lack of specially trained educators and financialresources. So far, the amenities designed to trained teachers for inclusive education are extremelyless and insufficient. Therefore, it is essential to expand inclusive education for special children suchas physically, mentally, intellectually and specially abled children. An attempt should also be made bythe government to set up inclusive educational centres with well-equipped special educators in orderto support these special children. In light of this, the present research paper tries to evaluate the roleof Rehabilitation Council of India for imparting special education to special children. In addition tothis, an attempt has also been made to examine the policies and legislation along with the newlyenacted law passed in 2016, in order to appraise rehabilitation of Special Children in India. Lastly,through the concluding remarks, the article throws light into the unvarying delight of all unalienablerights and rudimentary privileges to all Special Children and to uphold admiration for their intrinsicnobility so that they are brought at par with other children of the nation
VILLAGE DISPUTES AND THEIR RESOLUTIONS IN INDIA: PROBLEMS, CHALLENGES AND SOLUTIONS BY DR. DAVIS PRADHAN CMI, KARNATAKA LAW JOURNAL PUBLICATIONS, BANGALORE, 2017
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MEN DON'T CRY CAN BE RAPED
No full textIt is the general rule of interpretation that Penal provisions are to be given a strict interpretation, but this paper throws light on what happens when an archaic provision, present for almost 160 years, is scrapped, leaving a void in the law, not ready to be addressed by the legislatures or the society. We still live in a patriarchal society that teaches their daughters to sit with their legs folded and their sons to man up and not whine. We still are not ready to discuss the abuse of a man by the fairer sex, which is why, we are still okay with our rape laws as it currently exists to be, read as
“A man is said to commit “rape”…..has sexual intercourse with a woman”
Therefore, that the authors have decided to ask, what if the man is at the receiving end or what if the woman is at the inflicting end, how will the aspects of consent, free will, intention etc. apply. The authors question the validity of rape laws in the light of decriminalisation of Section 377 of Macaulay’s Penal Code , which has its roots on UK’s 1533 Buggery Act. This factor plays a pivotal role in raising such questions because 1967 witnessed progress by our while our colonial masters, however the hangover ensnared in our penal laws lingered on. There will never be a right time, hence the authors wish to demand gender neutral rape laws, in respect of both the victim and the accused, and suggest the society move beyond the whole concept of ‘penetration’ and peno-vaginal sex, where the men dominate the woman