NUJS Journals West Bengal National University of Juridical Sciences
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URBAN SUSTAINABILITY AND THE RIGHT TO THE CITY: AN INEXORABILITY
Get PDFThe insufficient legal recognition of the right to the city limits the full scope of urban sustainability. The present article is based on this, in which, with the use of sociological, analysis-synthesis, theoretical-legal and hermeneutic-legal methods, the issue of the right to the city is approached from the intrinsic relationship it has with urban sustainability. In its development, aspects related to urban sustainability and the right to the city is addressed, in accordance with the most common conceptions used, its dimensions and the indicators that determine its presence, as well as the main limitations it currently has. It also assesses the position of this issue on the agendas of the main global, regional and national organisations, as well as the main actions and legal support to contribute to its realisation. Emphasis is placed on how urban sustainability is becoming a priority issue for States and how the legal recognition of the right to the city can contribute to its improvement
THE LAW OF AMNESTY: CONTENTIOUS APPLICATION TO INTERNATIONAL CRIMES
Get PDFApplication of Amnesty is one of the most contentious contrivances in the recent international criminal law development. This offer of immunity to the perpetrators, who have non-arguably been aggressors of odious events or crimes, is pursued as a tool of peace-making by the state and other stakeholders. However, in the capacity of the Rule of Law, it emerges as an unwanted blot on the victims of such heinous crimes in the name of Justice. As one of the discretionary decisions of states, where conflict resolution relies entirely on the state interest, the Law of Amnesty faces the wrath of discriminatory application. This paper is attempt to find whether there is any discriminatory application of the Law of Amnesty in International Crimes from the narrow lens of international instruments, International Customary Law, and Judicial pronouncements
PROTECTION OF FOREIGN INVESTMENT IN INDIA: A HISTORICAL ANALYSIS
Get PDFInternational investment agreements are the tools of international law by which two or more countries give reciprocal assurance for the protection of foreign investment in their countries. Long before there was no such regime of international property protection. In colonial time the foreign property was subject of the law of foreigner. At that time there was no certainty in international property regime. India had paid heavy price for the same. This paper tries to map out the whole journey of development of international property protection in India. In the first part paper tries to find out the international rule for the protection of foreign property in India. Unfortunately there was no such universal regime prevalent in any part of the world for the protection of foreign property. Second part deals with the development of International property protection in in post-colonial period. In this period newly independent colonies did not trust the foreigners due to its chequered history. Third part deals with the period after liberalization, privatisation and globalisation. In this period India had embraced the international investment law regime as an overall strategy of liberalization, privatisation and globalisation. In this period India had signed most of its International investment agreements. However, in this period India also faced with multiple investment claims by many foreign investors. In wake of these investment claims India had recently spelled out its new Model BIT and terminated its most of the International investment agreements. And finally concludes that there is some problem with the new Model BIT due to which Indian government still facing difficulty in inking new international investment agreements with the countries with whom India has had deep economic ties
THE ROLE OF INTERNATIONAL LABOUR ORGANISATION IN ENSURING SOCIAL SECURITY: AN ASSESSMENT
Get PDFInternational Labour Organisation (ILO) as a specialised agency of the United Nations has since its inception a bestowed responsibility of ensuring social security and an environment conducive to the working class across countries. Established post the Treaty of Versailles, the organisation touched a milestone by the Declaration of Philadelphia in 1944. Alongsideproviding for a descriptive and normative framework, social security was for the first instance recognised by the organisation in 1944 through its Declaration in Philadelphia which was elaborated and deliberated upon by the recommendations and conventions. This organisation is often considered as the source for the new branch of international law underthe nomenclature of International Social Security Law. It has to its credit flagship conventions and declarations which have not only defined social security and its minimum standards but also explained through its organs the responsibility on individual countries to promote and protect the rights of the human beings as social beings entitled to basic minimum security for their existence. The working of the organisation is maintained in multitude by the conventions and recommendations of the organisation. While the recommendations pave way for structural developments, the conventions provide a concretestructure to the working of the organisation and also govern its major working organs-International Labour Office, International Labour Conference and the Governing body. This paper analyses the functioning and establishment of the ILO. It also discusses as to how the Organisation has promoted flexible security measures after the Declaration of the Philadelphia in 1944 and allowed a secured framework for the working class in the countries by application of uniform recommendations and conventions with liberty to each country to modify the same as per convenience and for optimum application. The organs of the organisation and the intricacies of the recommendations and the conventions are also discussed in depth to understand the mechanism for the realisation of the goal of social security
ARE SOCIAL SECURITY LAWS INCLUSIVE OF THE DISABLED?
Get PDFThe recent statistics indicate a rise in the disabled population in the country where legislationand related instruments such as the PWD Act, the National Trust Act, the RehabilitationCouncil Act, and the UN Declaration of Rights for Persons with Disabilities are in place toprovide social assistance and security for the upliftment of the disabled community asenshrined in the Constitution of India. The pressing issue in the realm of disability laws todayis that the disabled people who are unemployed or are of limited skill do not fall under theambit of any of the existing social security legislation, like the Employees’ Compensation Act,1923, which guarantees income maintenance and support only for disability caused in thecourse of employment and neglects the unemployed. The paper seeks to analyse the socialsecurity needs and impediments in policy implementation while briefly venturing into the USmodel of Social Security for disabled on a comparative basis. Beneficial directives toformulate a disabled-specific social security legislation ensuring economic independence ofthe disabled through employment generation, soft-skill training, healthcare facilities andeducation is suggested along with providing assistance for social inclusion and rehabilitationthrough awareness and community building programmes. Conclusively, a universallegislation bringing all categories of disabled persons under one umbrella is recommende
ROLE OF ASSISTIVE TECHNOLOGY IN IMPLEMENTING THE EDUCATIONAL RIGHTS OF PERSONS WITH DISABILITIES
Get PDFEducation is that weapon which is essential for the full development of human personality and to the strengthening of respect for human rights and fundamental freedom. Right to education has been recognised as a basic human right by the international instruments relating to human rights, noteworthy being “Article 26 of the Universal Declaration of Human Rights, 1948, Article 13 of the International Covenant on Economic, Social and Cultural Rights, 1966, the Convention on the Rights of Child, 1989.” So far as the Indian legislative scenario is concerned, the supreme law i.e the Constitution of India has provided for educational rights in the form of Fundamental Rights, Directive Principles of State Policy and Fundamental Duties. Apart from these provisions, relevant statutes that have guaranteed educational rights to the persons with disabilities are Rehabilitation Council of India Act, 1992, Rights of Persons with Disabilities Act, 2016 and the Right of Children to Free and Compulsory Education Act, 2009. Assistive technology is the term used to include assistive products or devices and related services. Assistive devices may be numerous and depend on the nature of impairment. For mobility, assistive devices may be walking stick, crutch, wheelchair, artificial legs or hands, standing frame etc.; for vision, eyeglasses, magnifier, braille systems etc., for hearing, hearing aid, hearing loops etc.; so on and so forth. Access to assistive technology is regarded as a precondition to achieve equal opportunities, enjoying human rights and living with dignity. Hence assistive technologies play a crucial role even to implement the educational rights of persons with disabilities, This paper seeks to analyse the meaning of persons with disabilities, various international and national legislative schemes of educational rights of disabled persons, meaning and different types of assistive technologies, how these assistive products help to exercise the educational rights of these special persons and it would conclude with the suggestions of the author
DIGITAL DIVIDE VS DIGITAL INDIA ASPECTS OF PRIVACY AND DATA PROTECTION IN INDIA
Get PDFPrivacy and data protection issues in the modern era are forced to be re-examined due to the recent advancement of technology and the dynamism of the legal world. Although privacy has since become a privileged issue for everyone, today’s emphasis is on data protection within the ‘Digital India Programme’. Personal data is under threat when an individual shares information with strangers. As a result of the exceptional rise of Information Technology (IT), the dramatic growth of its devices' capacity to store, process, and link data, the discussion around personal data protection has intensified significantly. Because of the way it offers its products, the debate has been exacerbated. This use of products in human life style became vulnerable in terms of sharing information with a stranger on this technologically advanced epoch without knowing facts. The pervasive role of technology in day to-day affairs of the individual has been causing vulnerability. Personal information disclosed, intentionally or unintentionally, has been exploited for commercial interest and susceptible to misuse. The right to protect one’s information is a derivative of the right to privacy. The scope and ambit of the right needs to be constructed to build a right-based framework for personal information/data protection. With this introduction of the policy of the government of India there is a need for a specific re-examination of the protection of the individual privacy and data protection. In addition, research will be needed to understand its impacts/importance
STATUS OF IMPLEMENTATION OF SOLID WASTE MANAGEMENT RULES IN WEST BENGAL
Get PDFWaste has tremendous impact on both the environment and human health. The rate of generation of variegated types of waste has increased with the rise in population in urbanised locales and has become a major cause of concern in today’s time. The author in this article has explored the nature and impact of solid waste on human health, and thereafter analysed the various legal instruments brought about to tackle the same. She particularly explored the status of implementation of municipal waste management rules in the state of West Bengal and tries to identify the loopholes in the law that is preventing the optimum management of the municipal solid waste generated in the state
PANCHAYAT RAJ: HISTORICAL PERSPECTIVE, DEVELOPMENT AND POST INDEPENDENCE ERA
Get PDFChange is a universal constant and driven by the same force, society also functions on the same. The society, needless to say, inclusive of its various components, whether it is its organization, functioning, governance, etc., all passed through such variance. The social transformation which society had faced also transformed the way of governance. The socio- political phenomenon had seen a tremendous change in various phases of historic period of India. But one such concept which though got transformed in its structure and functioning is the ‘Panchayat System’, yet the essence remained constant throughout. There remained various factors which affected this system. The journey from monarchial control to the control of bureaucracy and to the point when it found its place in the grund-norm of country, i.e., in the Constitution of India, had affected the system of panchayat tremendously. Experiments had been conducted on the system and thus, the conclusion could be defined as both the boon and the bane for society. The journey from the ancient till the modern period is not full of glorifying moments, but it had also gone through the dark phase. The dark phase was the time when the said system became extinct. The British rule though, in the later part, tried to revive the system but during dawn of the British rule in India there was the dead end to the system. Panchayat was totally ignored. The revival was need of time. This research paper is meant to deal with the changes which Panchayat System had seen from ancient period till present times and how it covered its’ journey during these periods ultimately affecting the governance and narrating the importance of the grass root democracy
The Promise of Common Market: The Role of Constitutional Law of India
Get PDFFree market has become a buzzword in 21st century. Nations are entering into agreement to ensure free flow of trade and barrier-free trade with a larger objective of ensuring better life for the people.The Constitution has given a broader design of economic structure to be constructed in independent India. The idea behind the common market is to ensure free flow of trade, labour and services across the regions in India. Some of the features of common market are accorded the status of fundamental rights such as right to movement, right to carry on trade and right to reside in any part of the country. These rights are aptly supplemented with a dedicated set of provisions on freedom of trade and commerce throughout the country.On the one hand state needs more revenue, whereas, on the other hand the development require freedom from tariff barriers. Freedom of Inter-State Trade is a fundamental necessity in any federal system so as to avoid economic isolation and trade barriers within the federation. Notwithstanding the commitment expressed in the Constitution, the goal of common market is not a reality even after seven decades of the constitutional democracy in India.This paper explores the thought process undertaken in drafting the provisions related to the establishment of common market/single market by the makers of the Constitution The paper will travel through the constituent assembly debates to unravel the vision of the makers of the Constitution. Though, the country has made considerable economic advancement in last seven decades but failed to create single market in very effective sense