NUJS Journals West Bengal National University of Juridical Sciences
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RESPECT AND PROTECT THE INTELLECTUAL PROPERTY OF MINOR THROUGH SPORTS CONTRACT ETHICS
Get PDFIt is the high time to stand with intellectual property which is the backbone of economy for a country. To ensure that honor and respect to the sportsman spirit, it is obvious to provide the fair transparent justice to sports. Sports is the only way to achieve successful in life. This offers the open door for self-information, self-articulation and satisfaction of individual accomplishment. The expertise securing and exhibition of capacity; pleasure, great wellbeing and prosperity is the reward for the sportsman. Sports additionally connect with everybody in an aggregate exertion to seek after human greatness. Sports add to the physical, mental and passionate prosperity of a person. It additionally assumes a huge job in solid social advancement and association. It causes people figure out how to set and accomplish objectives through train and difficult work. It supports the advancement of basic leadership and initiative capacities, while instructing individuals to oversee both achievement and disappointment. With those preferences of sports today, faces the weights of present-day society and new difficulties. Games like Olympic games, Common-Wealth Games, Asian Games or those identified with Cricket, Football, Volleyball, Tennis, Hockey or Badminton occur, a great many onlookers, watchers on TV, web or audience members on radio become seriously connected despite the fact that a chose not many take an interest. This is because of the dilemmas arising in the sports. Ethical dilemmas arise when it is to be in doubt of you believed to right and good. It is also to make preference on transparency and accountability. The great moral problems include picking among truth and unwaveringness, people and network, short and long-haul results or among equity and benevolence. Moral basic leadership is a procedure that includes building familiarity with 'moral substance, for example, estimations of sports and standards of sports which characterize reason and a comprehension of ethics. With that moral understanding it should be classified assurance of the minor competitors. When the protection came for the minor, it is obvious to say that the clause of contract needs to reconsider. A common clause has always been placed to a professional contract. A standard form of contract has been always made except salary or bonuses. One way to make it easy is to licensing arrangements in which players are compensated by licensing their names associated with the clubs. It is common that the terms and condition which is provided in the contract or license agreement must comply. But the all the necessary arrangement with the policy should be backed by the intellectual property policy. This policy can be honored sportsman by protecting. The policy is made for the beneficial interest of the community. The research is an attempt to address the specific issue to protect and respect the minor form the unwanted challenges of the contract veracities
SOPHY K. JOSEPH, CUSTOMARY RIGHTS OF FARMERS IN NEO-LIBERAL INDIA: A LEGAL AND POLICY ANALYSIS, OXFORD UNIVERSITY PRESS, NEW DELHI, 2020 [PP. XVII+325], PRICE 1395 INR. ISBN 978-0-19-012100-6
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LOCATING WOMEN IN CORPORATE GOVERNANCE LANDSCAPE
Get PDFThe research paper will provide a fusion of women into the domain of corporate governance concretized through provisions regulating the appointment of women on corporate boards across various jurisdictions. This would be accompanied by discussions regarding possible concerns and the current level of implementation of the provisions with respect to India. The author makes an attempt to sketch out a possible relationship between women directors and improved corporate governance practices & subsequent results measured not only through firm performance but also other considerations. The paper concludes that different kinds of provisions turn out to be effective in various jurisdictions without any straitjacket formula. The level of implementation in India is found to be tokenistic. A positive co relation of women directors and better corporate governance has been outlined to a certain extent. The paper ends with recommendations that deal with improved enforcement of the regulations
HUMAN RIGHTS REGULATORY REGIME IN INDIA: AFTER THREE DECADES
Get PDFHuman rights, as the name suggests, are inherent to all human beings and are available to all by virtue of being humans. These rights form the basis of life, liberty, equality, and dignity, which has been recognized by the international community. The international community has therefore tried to strengthen the idea of establishment of national human rights institutions in its member countries. The National Human Rights Commission (NHRC) of India, which was established after the realization of the importance of a national institution for the preservation and protection of human rights by the government of India, has been in service for around three decades now. It is popularly perceived that the maiden decade of NHRC was its golden decade since it very often made the headlines, owing to its operations across the country. However, it goes unnoticed that the commission has continued to be as effective as it was at the time of its establishment with an objective to mainstream human rights into the Indian legal system through systematic dissemination of information and wisdom vis-à-vis human rights through educational enterprise, training, and research across the country; timeous disposal of complaints; and increasing effective coordination with the state commissions and the international bodies working for the preservation of human rights. This research ergo discusses the role played by NHRC in encouraging and protecting human rights, and compares the operations of the commission in its first decade and the years that follow
RTI IN RURAL DEVELOPMENT: A CASE STUDY FOR WEST MEDINIPUR DISTRICT
Get PDFTo strengthen economic development of West Bengal, rural quality of life requires to be addressed withdue importance. Inspite of acting as a pioneering state in establishing three tier system of ruraladministration, West Bengal lagged behind many other Indian states in bringing improved condition ofliving especially in its rural counterpart. There has been lack of transparency and accountability inpanchayat led delivery of services in West Bengal. The broad objective of the present study is toestablish the usefulness of the RTI act in economic development of rural West Bengal. The study selectsthe West Medinipur district of West Bengal as the focus area. The living condition of rural people hasbeen used as a measure of rural development. This measure consists of four service facilities as theparameter of development. These facilities are availability of safe drinking water and electricity as alsoavailability of primary health facilities and primary school facilities. Quality of life has been measuredthrough delivery status of these four selected service facilities. Dark areas in rural W. Bengal hence gotidentified. Probability of RTI application towards improvement in quality of life of households remainshigh for these areas
WHY POLITICAL ACTORS IN DEVELOPING COUNTRIES ENACT FREEDOM OF INFORMATION LAWS: A RATIONAL CHOICE APPROACH
No full textControl over critical information provides a breeding ground for corruption in the political system and granting ordinary citizens any access to such information is sure to neutralise such scope for corruption. Why even then political actors all over the world, especially in the developing countries in the recent past, took initiatives to enact freedom of information (FOI) laws? Is there any contradiction in terms that political actors who are normally resistant towards transparency initiatives should take the plunge in institutionalising transparency by way of bringing FOI laws? This paper argues that this behaviour of political actors can be best explained with the help of Rational Choice approach. A rational individual is always expected to determine his choices based on his perception of cost-benefit analysis. As a rational human being, he is expected to be tilting in favour of the scenario where his perceived aggregated benefits would be more than his perceived aggregated costs. This paper seeks to establish, FOI laws increase the political costs no doubt; but in certain circumstances that are associated with a deep sense of political uncertainty, their perceived benefits outweigh political costs. And it is mostly under those circumstances of significant political uncertainty that FOI laws have been passed where they have been passed in recent times. A study of political climate that prevailed at the time of passage of such FOI laws goes to establish this hypothesis. The research methodology adopted in this paper is doctrinal and essentially consists of a review of existing literature of political cost-benefit analysis in the backdrop of passage of such FOI laws in a number of developing countries in the recent past and subsequent testing of the same cost-benefit analysis framework in the Indian context without, however, any reference to regression models
Role of the National Biodiversity Authority in providing Access to Biological Resources in India
Get PDFAccess to bioresource in India for commercial utilisation is regulated via the three tier system specified in the Biological Diversity Act 2002. This includes the National biodiversity Authority (NBA), the State Biodiversity Authority (SBBs) and the Biodiversity Monitoring Committees (BMCs). The NBA has acrucial role in the implementation of access mechanism. Access of bioresources is not only about economic considerations but it has wider reflections. Hence, the regulating of activities in relation to bio-survey, bio-utilisation or commercialization of bioresources is vital for protecting and sustaining bioresources. In this regard, the role of the National Biodiversity Authority is imperative
RIGHT TO HEALTH UNDER INTERNATIONAL ENVIRONMENTAL JURISPRUDENCE
Get PDFThis study examines the intersection of environmental protection and the right to health within international legal frameworks. It traces the evolution of health rights from key human rights documents to major environmental agreements, such as the Stockholm Declaration (1972), Rio Declaration (1992), and Sustainable Development Goals (2015), demonstrating the critical impact of environmental factors like pollution and resource depletion on human health. The work advocates for an ecological model of health that integrates environmental protection into public health policy and stresses the importance of sustainable development and international cooperation. It argues that developed countries must take a leading role in addressing environmental threats, while public awareness and advocacy for environmental health are crucial. In conclusion, the study emphasizes the need for stronger integration between health and environmental policies to ensure the realization of global health rights through sustainable environmental practices
THE CRIMINALISATION OF ECOCIDE - AN INDIAN PERSPECTIVE
Get PDFThe global environment has drastically deteriorated due to the severe impacts made by climate change induced by anthropocentric activities and pollution, and thus there is an urgent need for the development and advancement of law and policy that regulate these activities and further help to curb climate change. In the wake of the Indian government under the leadership of Prime Minister Modi in attempting to alter legislations and make changes to environmental jurisprudence in India, this paper, titled “Criminalising Ecocide - An Indian Perspective”, aims to analyse the current environmental policies in India, the path that the Modi government seems to plan to take in order to decriminalise environment protection laws in contrast to the international efforts made to criminalise ecocide worldwide, and envisions the way forward. The main research problem that this paper aims to address is the practicality of the use of criminal law as a shield in order to help climate mitigation and strengthen environmental laws. The paper also aims to observe the constitutionality of the attempt to decriminalise environmental violations. In the first section of this paper, the term “ecocide”is closely looked over and examined in the national and international contexts, and what consists as “destruction of the natural environment by deliberate or negligent human action” in the legal purview. The second section of this paper summarises the current situation, laws and policies with regards to environmental protection in India – taking into account the different states in India that have been severely economically affected by climate change and the steps that the respective authorities have taken in order to help the general population cope with its repercussions. This section will also shed light upon the relevant judgements that aim to phase out climate change. The third section of this paper addresses the changes that the Modi government proposes in order to curb climate change through monetary fines and compensation as opposed to criminal penalisation, and will highlight how the government is trying to make it a climate finance issue as opposed to the punishment of violators, showcasing the advantages and disadvantages of both to determine a more suitable system for Indian society. This section will include data from consultation papers that were released by the government, seeking the decriminalisation of violations under three major environment protection laws, and will provide an analysis on the practicality of the same. The last section of this paper will examine the criminalization of ecocide in the international context – as it is a movement that is increasingly gaining momentum as the climate crisis becomes more severe – and various issues related to implementation and enforcement will be discussed. To conclude, the paper will draw a summary of the various issues raised in the context of the main research question on the practicality of the use of criminal law for strengthening environmental law, and will propose different suggestions for policy reform and governmental commitments
GDPR AND HEALTHCARE: BALANCING DATA PRIVACY AND ACCESS TO MEDICAL INFORMATION
Get PDFThis paper analyses the effect of GDPR on healthcare. The information provided by patients for their healthcare database is a personal information and cannot be made public under normal conditions. However, the regulations regarding the same have not been developed effectively and need a lot of modification. This paper analyses the same challenge. It tries to balance data privacy and data access in a way that artificial intelligence (AI) is allowed to develop in the health care domain while taking care that a patient’s data is not exposed to the public. With reference to the General Data Protection Regulation (GDPR) in Europe, it is all the more necessary to consider the ethical concerns of data governance. The paper emphasises the need for an inclusive approach that considers both the benefits of AI and the protection of data privacy. It talks about the necessity of robust government data frameworks, stringent privacy protections, consent procedures, and data anonymization techniques. The rules and regulations applied in this domain need to be extremely clear for collection, storage, and processing of healthcare data. This is necessary to avoid any potential breach of data. This paper compares the various data governance strategies employed by European countries. This includes Germany’s cautious approach that prioritises patient consent and Finland's more liberal approach to fostering big data legislation. It explains the difficulty that arises in both such systems while explaining the need for standardized and regulatory framework of healthcare data. The research also discusses privacy issues, the trade-off between data sharing and excessive data protection, and the challenges presented by biases in AI development. It suggests the development of efficient data governance frameworks and regulatory mechanisms to address the privacy issues. It emphasises on equitable resource allocation, evidence-based healthcare practises, and bridging the digital gap